/ 


n.  J 


-  ^ 


/ 


THE 

DONG AN    CHARTER 

AMI 

PRESENT    CHARTER, 

TOGETHER    WITH 

Laws  of  the  State  of  New  York 


APPLICABLE   TO  THE 


CITY    OF    ALBANY 


City  Laws  and  Ordinances 


CITY    OF    ALBANY. 


Charter   Revised  to  Conform   to  amendments  thereto  up  to 

January  i,  1896,  and  Laws  Compiled  and  arranged  bv 

WILLIAM  P.  RUDD,  Corporation  Counsel. 

ALDEN  CHESTER,  Assistant  Corporation  Counsel. 

Charter  Indexed  by  HENRY  A.  MALOY,  Clerk  of  Cotnmon  Council. 

State  Laws  Indexed  by  JAMES  J.  FARREN,  Asst.  Corporation  Counsel. 

City  Laws  and  Ordinances  Compiled  by  HENRY  A.  MALOV. 

revised  and  arranged   by   JOHN   A.  DELEHANTY,  Corporation  Counsel, 

AND  JAMES  J    FARREN,  Assistant  Corporation  Counsel. 

Indexed  by  HENRY  A.  MALOY. 


I  ALBANY: 

THE    ARGUS    COMPANY,    PRINTERS. 

1896. 


CONTENTS. 


>. 
^ 

^ 
I 


PART  I. 

Page. 

Dongan   Charter    7 

Charter  of  the  city  of  Albany,  as  amended  to  January  1,  1896 29 

Title     I.  Title  and  general  powers  of  corporation 29 

II.  Boundaries  of  city  and  wards  thereof 30 

III.  Legislative  powers 38 

IV.  The  Mayor  70 

V.  Corporation  Counsel  79 

VI.  Chamberlain   and   Commissioner   of  Arrears S3,    88 

VII.  Receiver  of  Taxes   92 

VIII.  Board  of  Finance  102 

IX.  Board  of  Contract  and  Apportionment HO 

X.  Repairs 136 

XI.  Reducing  and  vacating  assessments 140 

XII.  Street  Commissioner 144 

XIII.  City  Engineer  148 

XIV.  City  Physician 154 

XV.  Superintendent  of  Alms-house  154 

XVI.  Overseer  of  the  Poor 156 

XVII.  Taking   private  property   for  public    use 161 

XVIII.  General  provisions  170 

XIX.  Assessors  I'^S 

XX.  Relative  to  buildings  and  prevention  of  fires 176 

XXI.  Elections   206 

XXII.  Saving  and  repealing  clauses 207 

PART  II. 

LAWS  OP  THE  STATE  OP  NEW  YORK  RELATING  TO  THE 
CITY  OP  ALBANY. 

TITLE  I. 

RELATING  TO  ASSESSORS,   ASSESSMENTS  AND   TAXATION. 

Laws 
of.       Chap.  Page. 

1850.  86.       An  Act  to  provide  for  the  assessment  and  collection 

of  taxes  '■ 211 

1851.  4S6.        An  Act  to  amend  acts  relating  to  the  city  of  Albany,  226 
1870.  139.        An- Act  to  annex   parts   of   the  towns   of   Bethlehem 

and  Watervliet  to  the  city  of  Albany 309 

1874.  159.        An  Act  to  legalize  and  confirm  laws,  ordinances  and 

resolutions  passed  by  the  Common  Council 231 

1874.  356.       An  Act  in  relation  of  redemption  of  real  estate  sold 

for  non-payment  of  assessments ; 295 


35351.3 


IV  Contents. 

Laws 

of.       Chap.  Page. 

1875.  262.       An  Act  to  confirm   and   levy   assess'«ents   for   street 


improvements 


232 


1876.  153.        An  Act  to    require    tlie   filing:   of   maps    in    assessor  s 

office  228 

1876.  445.        An  Act  in  relation  to  the  Great  Western  turnpike....  252 

1877.  443.        An  Act  to    confirm   and   levy   assessments   on    Swan, 

101m   and  Morton   streets 235 

1880.  290.        An  Act  to  permit   and   authorize   the   issue   of  bonds 

for  South  Pearl  street  improvement 256 

An  Act  for  g-rading  and  planking  Delaware  avenue,  258 
An  Act  to  confirm  and  levy  assessments  upon  share- 
holders of  the  National  and  State  banks 236 

An  Act  to  permit  and   authorize   the   issue   of  bonds 

for  the  payment  of  Second  avenue  improvement —  269 
An  Act  to  confirm  and  levy  certain  assessments  for 

street   improvements   238 

An  Act  to  permit  and   authorize  the   issue  of  bonds 

for  paving  Clinton  avenue 267 

An  Act  to  regulate  the  transaction  of  business  in  the 

county  of  Albany  228 

An  Act  to   provide   for   the  taxation   of  shareholders 

of  National  Albany  Exchange  Bank 299 

An  Act  to   legalize   and   confirm   assessment-rolls    of 

1876,  1877  and  1878  296 

An  Act  in  relation  to   the  exhibition  of  assessment- 
rolls  229 

An  Act  to  provide  for  the  improvement  of  Broadway, 

north  of  DeWitt  street 271 

An  Act  to  confirm  and  legalize  certain  contracts 241 

An  Act  in     relation     to     certain     street     and     sewer 

improvements,   and    to   legalize,    confirm    and   levy 

assessments  therefor 242 

An  Act  to  enable  the  trustees  of  the  sinking  fund  to 

take  up  bonds  247 

An  Act  to  provide  for  the  improvement  of  Delaware 

avenue  260 

An  Act  to   provide  for  the  opening  of   the   Northern 

Boulevard   275 

An  Act  to    enable    the    city    of    Albany     to     repair, 

extend,    complete   and    preserve   the    Beaver    Creek 

sewer 278 

An  Act  to    legalize    and    confirm    the    affidavits    to 

assessment-rolls  from  1872  to  1885 298 

An  Act  to     authorize    the    correction     of     erroneous 

a.ssessments 230 

An  Act  to   provide   for   the   improvement    of   Central 

and   Watervliet  avenues    281 

An  Act  to  provide  for  the  improvement  of  Delaware 
avenue 263 

An   Act    to    provide    for   the    improvement    of     Lake 

avenue  288 

An  Act  to    authorize    the    Board    of    Contract    and 
Apportionment    to    assess    the    expense    of    certain 

work  247 

1890.  362.       An  Act  to  enable  the  city  of  Albany  to  extend  and 

complete  the  Beaver  Creek  sewer 280 


1880. 

291. 

1881. 

271. 

1881. 

458. 

1881. 

459. 

1881. 

693. 

1883. 

79. 

1883. 

341. 

1883. 

345. 

1883. 

51 5. 

1886. 

75. 

1886. 

265. 

1886. 

463. 

1887. 

9. 

1887. 

299. 

1887. 

305. 

1887. 

352. 

18S7. 

3S6. 

1H87. 

522. 

1SS.S. 

231. 

1888. 

319. 

18.S.S, 

397. 

1889. 

425. 

Contents.     ^  v 

Laws 

of.        Chap.  •      Page. 

1892.  389.       An  Act  to   provide   for   the  improvement   of   Central 

avenue  and   intersecting  streets 284 

1892.  394.        An  Act  to    provide    for    the    removal    of    the    Water 

street  bridge  and  to  provide  for  the  construction  of 
a  lift  bridge  313 

1893.  600.        An  Act  to  reduce,   confirm  and  levy  certain  assess- 

ments, and  provide  for  the  payment  thereof 248 

1894.  590.       An  Act  to  provide  for  the  repayment  of  moneys  paid 

for   the    construction    of   a   hoist    bridge    on    Water 

street  314 

1894.  630.        An    Act   to    provide    for    the    improvement    of    Third 

avenue  291 

1894.  761.        An  Act  to  vacate  assessments  for  improving  Second 

avenue  251 

TITLE   II. 

RELATING  TO  THE  BOARD  OF  HEALTH. 

1885.  297.       An  Act  for  the  preservation  of  the  public  health  and 

the   registration  of  vital  statistics  316 

1888.  399.        An  Act  to  secure  the  registration  of  plumbers 321 

1894.  763.        An  Act  to  authorize  the  borrowing  of  money  and  the 

issue    of    bonds    for    the    building    of    a    garbage 
crematory  322 

1895.  351.        An  Act  to   promote   the   public    health  and    to   estab- 

lish free  public  baths  324 

TITLE  III. 

RELATING   TO  POLICE  AND   POLICE  COMMISSIONERS. 

1870.  77.        An  Act  relating  to  the  Police  Department 326 

1872.  278.       An  Act  making  further   provisions  as    to    the   Police 

Department  346 

1885.  299.        An  Act  to  establish  a  Police  Pension  Fund 347 

1895.  772.        An  Act  in  relation  to  the  Police  Justices  of  the  city 

of  Albany  350 

TITLE  IV. 

RELATING    TO    THE    FIRE    COMMISSIONERS    AND    THE     FIRE 
DEPARTMENT. 

1867.  197.        An  Act  to  reorganize  the  Fire  Department 352 

1883.  173.        An    Act   to   incorporate    the    Fund    for    the    Relief  cf 

Disabled  Firemen   358 

1893.  611.  An  Act  to  provide  for  the  distribution  of  moneys 
raised  for  the  benefit  of  the  families  of  certain 
deceased  firemen  364 

TITLE  V. 
RELATING  TO  THE  BOARD  OF  PUBLIC  INSTRUCTION. 

1866.  444.        An  Act  to  create  a  Board  of  Public  Instruction  in  the 

city  of  Albany  366 

1869,  703.        An  Act  to  enable  the  Board  of  Public  Instruction  to 

pbtain  sites  for  school-houses 372 


vi  Contents. 

Laws 

of.        Chap.  Page. 

1S70.  500.        An  Act  extending    the   jurisdiction    of    the    Board   of 

Public  Instruction  374 

1873.  312.        An  Act  in  relation  to  the  Free  Academy  in  the  city 

of  Albany  375 

1875.  14.        An  Act  to  authorize  the  city  of  Albany  to  issue  bonds 

to  pay  for  a  public  high  school 375 

1876.  173.        An  Act  amending  chapter  77,   Laws  of  1870 378 

ISSO.  lis.        An  Act  in  relation   to     the    sale     of     certain     school 

property 377 

1886.  48.  An  Act  authorizing  the  Board  of  Public  Instruction 
to  let  contracts  to  build  and  furnish  a  certain  school 
building 379 

TITLE  VI. 

RELATING  TO  THE   BASIN,   DOCKS,   PIERS  AND   WHARVES. 

1823.  111.       An  Act  authorizing  the  construction  of  a  basin  in  the 

city  of  Albany  3S1 

1S25.  276.        An  Act  amending  chapter  111,   Laws   of  1823 387 

1835.  163.       An  Act  to   improve  the   navigation     of     the    Albany 

basin 387 

1836.  139.       An  Act  to  amend  chapter  163  of  Laws  of  1835 391 

1837.  356.       An  Act  for  the  appointment  of  a  harbor  master  for 

the  port  of  Albany 409 

1837.  453.  An  Act  to  amend  chapter  163,  Laws  of  1835,  and  chap- 
ter 139  of  Laws   of  1836 394 

1837.  467.        An  Act  relating  to  the  Albany  basin  394 

1837.  469.        An  Act  to   authorize   the   proprietors   of   the   Albany 

pier  to  increase  the  width  of  said  pier 403 

1841.  51.        An  Act  amending  acts  to  improve  the  navigation  of 

the  Albany  basin  397 

1841.  113.        An  Act  to   extend   the   opening   of    the    Albany     pier 

between  Columbia  and  State  streets  404 

1850.  158.  An  Act  in  relation  to  the  prices  of  wharfage  for  ves- 
sels loading  at  pier  412 

1866.  503.        An  Act  to  improve  the  Albany  basin  and  to  provide 

means  therefor 398 

1867.  560.        An  Act  to  authorize  the  Mayor,  Aldermen  and  Com- 

monalty of  the  city  of  Albany  to  establish  a  uni- 
form rate  of  wharfage  413 

1878.  405.        An  Act  to  regulate  the  use  of  certain   docks   in   the 

city  of  Albany  414 

1895.  963.        An  Act  to     provide     for     the     improvement     of     the 

Alliany    basin    400 

1895.  982.        An  Act  to  provide  for  the  improvement  of  the  Albany 

basin  and  the  protection  of  the  public  health 401 

TITLE  VII. 

RELATINO   TO  PARKS  AND  PARK   COMMISSION. 

1S69.  .582.        An  Act  in    relation    to   a   public   park    in    the    city    of 

Albany  415 

1870.  377.        An  Act  supplementary  to  chapter  .582,  Laws  of  1869....  418 

1872.  45.        An  Act  supplementary  to  and  amendatory  of  an  act 

In  relation  to  a  public  park  in  the  city  pf  Albany....  437 


Laws 

of. 

Chap. 

1873. 

66. 

1875. 

29. 

1881. 

511. 

1890. 

112. 

1S90. 

449. 

1892. 

154. 

1894. 

762. 

1895. 

781. 

1895. 

788. 

Contents.  vii 

Page. 

An  Act  in  relation  to  Washington  park 431 

An  Act  amendatory  of  the  several  acts  relating  to 
Washington  park  434 

An  Act  in  relation  to  certain  public  parks  in  the  city 
of  Albany  434 

An  Act  to  declare  the  legal  title  of  the  Board  of 
Commissioners  of  Washington  Park  435 

An  Act  to  enable  the  city  of  Albany  to  procure  addi- 
tional land  for  park  purposes   436 

An  Act  to  enable  the  Dudley  Observatory  of  the  city 
of  Albany  to  transfer  real  estate 449 

An  Act  to  enable  the  city  of  Albany  to  procure  addi- 
tional land  for  park  purposes 451 

An  Act  to  enable  the  city  of  Albany  to  raise  money 
for  the  grading  and  improvement  of  Beaver  Park,  453 

An  Act  in  relation  to  the  erection  of  the  Bender 
Hygenic  LaboratoiT  455 

TITLE  VIII. 

RELATING  TO  THE  CITY  COURT  AND  THE  SPECIAL  SESSIONS. 

Code  of  Civil  Procedure  (extracts  from) 457 

1881.  438.        An  Act  in  relation  to  the  Justice's  Court  of  the   jity 

of  Albany  462 

1884.  122.        An  Act  to  change  the  name  of  the  Justice's  Court  of 

the  city  of  Albany  to  the  City  Court  of  Albany 465 

1895.  766.        An  Act  in  relation  to  the  City  Court  of  Albany  and 

fixing  the  terms  of  the  justices  thereof 471 

TITLE  IX. 

RELATING       TO       THE       WATER-WORKS       AND       WATER 
COMMISSIONERS. 

An  Act  to  provide  for  a  supply  of  water  in  the  city 

of  Albany  472 

An  Act  to  preserve  the    purity    of    certain     streams 

used  to  supply  the  city  with  water 483 

An  Act  to  amend  chapter  23.5,   Laws  of  18.50 484 

An  Act  to  amend  chapter  235,   Laws  of  1850 485 

An  Act  authorizing  the  city  of  Albany  to    supply    a 

portion  of  the  town  of  Watervliet  with  water 486 

An  Act  to  amend  chapter  235,  Laws  of  1850,  and  acts 

amendatory  to  said  act  487 

An  Act  to  provide  for  an  additional  supply  of  water 

in  the  city  of  Albany 488 

An  Act  to  amend  chapter  328,   Laws  of  1873 493 

An  Act  relating  to    a    further    supply    of    pure    and 

wholesome  water  for  the  city  of  Albany 493 

1887.  212.  An  Act  modifying  and  amending  chapter  306,  Laws  of 
18S5,  and  chapter  276,  Laws  of  1884,  and  acts  amenda- 
tory thereto ^^ 

1892.  304.        An  Act  to  provide  for  the  appointment   of   a   Board 

of  Water  Commissioners  for  the  city  of  Albany 502 


1850. 

235. 

1851. 

212. 

1852. 

28. 

1857. 

5. 

1857. 

258. 

1859. 

197. 

1868. 

43. 

1876. 

106. 

1885. 

306. 

viii  Contents. 

TITLE  X. 

MISCELLANEOUS  ACTS  RELATING   TO  THE   CITY  OF  ALBANY. 
Laws 
of.        Chap.  Page. 

1851.  121.        An  Act  to   amend   an   act    entitled    "An   Act   relating- 

to  the  sales  by  auction  in  the  city  of  Albany." 509 

1852.  195.        An  Act  to  authorize  the  city  of  Albany   to  make   a 

loan  to  the  Albany  and  Susquehanna  Railroad 
Company  510 

1857.  398.        An  Act  to  extend  the  time  for  the  completion  of  the 

Albany  and  Susquehanna  Railroad 514 

1867.  747.       An  Act  to  extend  the  time  for  the  completion  of  the 

Albany  and  Susquehanna  Railroad 514 

1870.  357.  An  Act  granting  the  consent  of  the  State  of  New 
York  to  the  purchase  by  the  United  States  of  lands 
for  the  erection  of  custom  house,  post-offlce,  courts, 
internal   revenue  office,   etc 516 

1870.  424.        An  Act  in  relation  to  the  statistics  of  the  poor 536 

1873.  195.  An  Act  granting  the  consent  of  the  State  of  New 
York  to  the  acquisition  by  the  United  States  of 
certain  lands  for  the  erection  of  government 
buildings 517 

1875.  513.        An  Act  to  abandon  the  further  use  of  the  buildings 

and  lands  used  as  a  public  arsenal 515 

1876.  146.        An  Act  in  relation  to  repairs  of  certain  streets  in  the 

city  of  Albany 533 

1879.  88.  An  Act  making  an  appropriation  for  the  construction 
of  an  iron  swing,  draw  or  lift-bridge  at  Lawrence 
street 534 

1879.  342.        An  Act  in  relation  to  the  funded  debt  of  the  city  of 

Albany 534 

1880  285.        An  Act  to  provide  for  the  repairing  or  rebuilding  of 

the  City  Hall,  city  of  Albany 519 

1881.  258.  An  Act  for  the  improvement  of  the  Broadway  rail- 
road crossing 527 

1883.  95.  An  Act  in  relation  to  claims  for  damages  against  the 
city  of  Albany  by  reason  of  work  done  on  the 
improvement  of  the  Broadway  railroad  crossing 530 

1883.  198.       An  Act  to  authorize  the  commitment  of  infants  who 

are  a  county  charge  to  the  House  of  Shelter  and 
St.  Vincent's  Female  Orphan  Asylum 538 

1884.  354.        An  Act  to  provide  for  the  care,   transportation   and 

commitment  of  lunatics,   idiots,   etc 543 

1885.  301.        An  Act  to  define   the  duties  of  the  Overseer   of   the 

Poor  and  the  Superintendent  of  Alms-house  in  the 
county   of  Albany    538 

1886.  392.        An  Act  to  authorize   the  closing  of  Cortland   street, 

between   Lake  avenue  and  Ontario  street 552 

1887.  224.        An  Act  to  provide  for  a  public  market  in  the  city  of 

Albany 554 

1888.  579.        An  Act   to   authorize   the   construction   of   a   viaduct 

on   Hawk   street   559 

1891.  28.        An  Act  to  authorize   the  closing  of  Cortland  street, 

between  Ontario  street  and   Partridge  street 553 

1891.  151.       An  Act    to    provide    for    the    construction    of    certain 

public  buildings ,..., 565 


Laws 

of 
1895. 


1895. 


1895. 


1895. 


Contents.  ix 

Chap.                                                                                                      Page. 
1.       An  Act  to  provide  for  public  notice  and  opportunity 
for  a  public  hearing  before  the  Mayor  and  legisla- 
tive body,  concerning  special  city  laws 576 

248.       An  Act  to  establish  a  public  driveway  on  Washing- 
ton  avenue,    between    Quail     street     and     Manning 

Bbulevard 574 

776.       An  Act  to  reduce,   confirm  and   levy   certain  assess- 
ments  for  paving,   etc.,    Woodlawn   avenue 578 

1029.  An  Act  to  provide  for  the  distribution  of  unexpended 
balance  of  money  raised  for  the  benefit  of  the  suf- 
ferers   from   the   Johnstown    flood 579 


PART  III. 

ORDINANCES. 

OF  CITY  BOARDS  AND  DEPARTMENTS.                 Page. 
Chap.    1.  Of  the  Board  of  Audit   583 

2.  Of  the   Trustees   of   the   Sinking  Fund 584 

3.  Of  the  Board  of  Finance  584 

4.  Of  the  Board  of  Contract  and  Apportionment 585 

5.  Of  the  Law   Department  587 

OF  CITY  OFFICERS. 
Chap.    6.  Of  the  Chamberlain 588 

7.  Of  the  Receiver  of  Taxes 589 

8.  Of  the  Corporation  Counsel  and  Assistant 590 

9.  Of  the  Clerk  of  the  Common  Council 591 

10.  Of  the  Department  of  Engineering  593 

11.  Of  street  improvements  and  Street  Commissioner 595 

12.  Of  the  City  Marshal 599 

13.  Of  the  Overseer  of  the  Poor 599 

14.  Of  the  Assistant   Overseer   of   the   Poor 600 

15.  Of  the  Inspector  of  Weights  and  Measures 601 

16.  Of  the  City   Physician   602 

17.  Of  the  District  Physician  603 

18.  Of  the  Janitor  of  the  City  Building 605 

19.  Of  the  Commissioner  of  Deeds  605 

20.  Of  the  bonds  of  city  officers 606 

OF  CITY  PROPERTY. 

Chap.  21.  Of  the  Alms-house  607 

22.  Of  the  City  Building 615 

23.  Of  the  City  Hall   616 

24.  Of  public  grounds   and    parks 616 

LICENSES.  ■ 

Chap.  25.  As  to  bill  posters 619 

26.  Of  carts   and   cartmen  621 

27."  Of   hackney   coaches   627 

28.  Of  junk  dealers  634 

29.  Of  places  of  amusement  637 

30.  Of  pawnbrokers 640 

31.  Of  venders,    hawkers,   peddlers   643 

ii 


X  Contents. 

OF  HEALTH  AND  PROPERTY.  Page. 

Chap.  32.  Of  protection  to  healtH  and  property 647 

S3.  Of  sanitary   ordinances   fiSS 

34.  Of  removal  of  garbag^e 669 

35.  Of  protection  to  fire  alarm  and  police  signal  telegraph 673 

36.  Of  storing  of  gun-cotton,   etc.,  within  city  limits 673 

37.  Of  steam  boilers  exhausting  stea-n  within  city  limits 674 

OF  STREETS,  WHARVES  AND  ROADS. 

Chap.  38.  Of  streets  675 

39.  Of  docks   and   wharves    702 

40.  Of  Lamps,  gas  and  electric  lights 708 

41.  Of  fences  709 

42.  Of  railroads  operated  by  steam   power 711 

43.  Of  street  railroads   712 

44.  Of  ferries  718 

45.  Of  private  drains  and  sewers 719 

MISCELLANEOUS  ORDINANCES. 

Chap.  46.  Bread   721 

47.  Of  the  Police  Court  722 

48.  Of  the   public  pound  723 

49.  Of  riding  on  steps  of  omnibuses 724 

50.  Of  runners 724 

51.  Of  Sunday  law  and  route  for  cattle 725 

52.  Of  ambulances  726 

53.  Of  general  miscellaneous  provisions  726 

54.  Of  penalties  731 

55.  Of  general  penalties  731 

56.  Of  water  mains,  distribution  pipes  and  hydrants 731 

57.  Of  markets   732 

58.  Arms  and  seal  of  the  city  of  Albany 739 

59.  Of  telegraph,  telephone,  electric  light,  electric  railway  and 

electric  power  lines  741 

60.  Of  reports  of  city  officers,  boards  and  commissions 744 

61.  To  provide  for  alarm  bells  and  lamps  on  bicycles  and   to 

regulate  the   speed   thereof 745 


AUTHORITY  FOR  COMPILATION. 


In  Common  Couucil,  July  2,  1894. 

Resolved,  That  the  Coiijoratiou  Counsel  be  and  he  hereby  is 
requested  to  compile  and  report  to  this  Board,  the  charter  of  the 
city  of  Albany,  striking  therefrom  all  parts  that  'have  been 
repealed  and  inserting  in  their  proper  places  all  .amendments 
that  have  been  made  thereto  since  the  same  was  passed,  April 
23,  1883. 

That  in  connection  therewith  he  also  report  any  and  all  laws 
of  the  State  of  New  York  specially  applicable  to  the  city  of  Albany. 
A  true  record, 

WILLIAM    W.  DEXNIX, 

Clerk  Common  Council. 
Approved  .July  7,  1894. 

OREX    E.    WILSON, 

Mayor. 


In  Common  Council,  July  2,  1894. 

Resolved,    That  the  Clerk  be  and  hereby  is  requested  to  com- 
pile and  present  to  this    Board  the    ordinances    of    the    city    of 
Albany  now  in  force. 
A  true  record. 

WILLIAM    W.  DEXNIX, 

Clerk  Common  Couucil. 
Approved  July  7,  1894. 

OREX    E.   WILSOX, 

Mayor. 


In  Common  Council,  November  19,  1894. 

Oflace  of  Corporation  Counsel, 

Albany,  November  19,  1894. 

To  the  Honorable  the  Common  Council: 

In  accordance  with  a  resolution  adopted  by  your-  honorable  body 
July  2,  1894,   m  which  you  request  the  Corporation  Counsel  to 


4  Authority  for  Compilation. 

compile  and  report  to  this  Board  the  charter  of  the  city  of 
Albany,  together  with  all  the  laws  of  the  State  of  New  York, 
especially  applicable  to  the  city  of  Albany,  I  desire  respectfully 
to  state  that  we  have  complied  with  the  request  contained  in  such 
resolution,  and  have  compiled  all  the  laws  as  they  now  exist 
which  make  up  the  charter  of  this  city,  and  also  all  the  laws  of 
the  State  which  are  especially  applicable  to  this  city. 

This  compilation  has  been  made  without  any  expense  to  the 
city  of  Albany,  and  T  would  respectfully  suggest  that,  at  a  future 
time,  a  resolution  be  adopted  by  your  honorable  body  providing 
for  the  proper  printing  of  this  compilation. 

Yours    respectfully. 

WILLIAM    P.    RUDD, 

Corporation  Counsel. 
A  true  record, 

WILLIAM    W.  DENNIN, 

Clerk  Common  Council. 


In  Common  Council,  June  3,  1895. 

Resolved,  That  the  Printing  Committee  be  and  hereby  is 
directed  to  cause  to  be  printed  the  compilation  of  the  charter  and 
State  laws  relating  to  the  city  of  Albany,  which  has  been  made 
by  the  Corporation  Counsel  and  the  city  ordinances,  as  prepared 
by  the  Clerk  of  this  Common  Council. 

Resolved,  That  said  committee  be  directed  to  obtain  competi- 
tive bids  for  the  doing  of  such  work. 

A  true  record. 

WILLIAM    W.  DENNIN, 

Clerk  Common  Council. 
Approved  June  13,  1895. 

OREN    E.  WILSON, 

Mayor. 


PA  RT  I. 

Containing  the  Dongan  Ctiarter 
and  Charter  of  1883, 

WITH  AMENDMENTS  TO  JANUARY    i,  1S96. 


The  Dongan  Cliarter  of  the  City  of  Albany. 


Granted  on  the  Twenty-second  day  of  July,  in  the  Year  of  our  Lord 
One  Thousand  Six  Hundred  and  Eig'hty-Six. 


Thomas  Dongan,  Governor. 

1.  THOMAS  DONGAX,  Lieutenant  and  Governor  of  the  Province  of 
New- York,  and  Dependencies  in  America,  under  his  most  sacred 
Majesty,  JAMES  the  Second,  by  the  Grace  of  God,  of  England, 
Scotland,  France  and  Ireland,  King,  Defender  of  the  Faith, 
and  so  forth,  the  Supreme  Lord  and  Proprietor  of  the  said  Province 
of  New-York,  and  its  Dependencies  : 

To  all  persons  to  ichom  these  Presents  shall  or  may  come,  or  in  any  wise 
concern,  Sendeth  Greeting  : 

Becital  of  certain  grants. 

2.  WHEREAS  the  town  of  Albany  is  an  ancient  town  within  the 
said  Province,  and  the  inhabitants  of  tlie  said  town  have  Jield,  used  and 
enjoyed,  as  well  within  the  same  as  elsewhere  within  the  said  Province, 
divers  and  sundry  i?/*/// ts.  Liberties,  Privilef/es,  Franchises,  Free  Customs, 
P)'eheminences,  Advantages,  Jurisdictions,  Emoluments  and  Immunities, 
as  well  by  prescription,  as  by  Grants,  Confirmations  and  Proclamations, 
not  only  by  divers  Governors  and  Commanders-in-Chief  in  the  said 
Province  under  his  said  Majesty;  but  also  of  several  Governors, 
Generals  and  Commanders-in-Chief  of  the  Nether  Dutch  nation, 
whilst  the  same  was  or  has  been  under  their  power  and  subjection. 
And  Whereas  divers  lands,  tenements,  and  hereditaments,  juris- 
dictions, liberties,  immunities  and  privileges,  have  heretofore  been 
given  and  granted  to  the  inhabitants  of  the  said  town,  sometimes 
by  the  name  of  the  Commissaries  of  the  town  of  Beterwyck ;  some- 
times by  the  name  of  the  Commissaries  of  the  town  of  Albany;  some- 
times by  .the  name  of  Schepenen  of  WiUiam-Stadt ;  and  sometimes  by  the 
name  ot  Justices  of  the  Peace  fov  the  town  of  Albany;  and  by  divers 
other  names,  as  by  their  several  grants,  writings,  records  and  minutes, 
amongst  other  things,  may  more  fully   appear.      A^t>  Whereas  the 


8        Dong  AN  Charter  of  tee  City  of  Albany. 

inhabitants  of  tlie  said  town  have  erected,  built  and  appropriated,  at 
their  own  proper  cost  and  charges,  several  public  buildings,  accomoda- 
tions and  conveniences,  for  the  said  town,  as  also  certain  pieces  or 
parcels  of  ground  for  the  use  of  the  same,  that  is  to  say,  the  town-hall 
or stadt-house,  with  the  ground  thereunto  belonging;  the  church  or 
meeting  place,  with  the  ground  about  the  same  ;  the  burial  place, 
adjoining  to  the  palisades,  at  the  south-east  end  of  the  town  ;  the  watch- 
house  and  ground  thereunto  belonging  ;  a  certain  piece  or  parcel  of 
land,  commonly  called  or  known  hj  the  name  of  pasture,  situate,  lying 
and  being  to  the  south-ward  of  the  said  town,  near  the  place  where  the 
old  fort  stood,  and  extending  along  Hudson's  River,  till  it  comes  over 
against  the  most  northerly  point  of  the  island,  commonly  called 
Martin  Gerritsen's  Island,  having  to  the  east  Hudson's  River,  to  the 
south,  the  manor  of  Rensselaericick,  to  the  west  the  highway  leading  to 
the  town,  the  pasture  late  in  the  tenure  and  occupation  of  Martin  Oer- 
retson,  and  the  pasture  late  in  the  tenure  and  occupation  of  Casj)er  Jacobse, 
to  the  north  the  several  pastures  late  in  the  tenure  and  occupation  of 
Robert  Sanders,  Myndert  Harmense  and  Evert  Wendell,  and  the  several 
gardens  late  in  the  tenure  and  occupation  of  Dirk  Wessels,  KilUan  Van 
Rensselaer  and  Abraham  Staast,  with  their  and  every  of  their  appurte- 
nances ;  and  also  have  established  and  settled  one  ferry  from  the  said 
town  to  Greenbush,  situate  on  the  other  side  of  Hudson's  River,  for  the 
accomodation  and  conveniency  of  passengers,  the  said  citizens  and 
travellers  :  And  Whereas  several  of  the  inhabitants  of  the  town  do 
hold  from  and  under  his  most  sacred  Majesty,  respectively,  as  well  by 
several  and  respective  patents,  grants  and  conveyances,  made  and 
granted  by  the  late  Governors  and  Commanders-in-Chief  of  the  said 
Province,  as  otherwise,  several  and  respective  messuages,  lands,  tene- 
ments and  hereditaments  in  the  town  of  Albany  aforesaid,  and  that 
the  said  inhabitants  of  the  said  town  of  Albany,  and  their  heirs  and 
assigns  respectively,  may  hold,  exercise  and  enjoy,  not  only  such  and  the 
same  liberties,  privileges,  franchises,  rights,  royalties,  free  customs, 
jurisdictions  and  immunities,  as  they  anciently  have  had,  held,  used 
and  enjoyed,  but  also  such  public  buildings,  accommodations,  conve- 
niences, messuages,  lands,  tenements  and  hereditaments  in  the  said  town 
of  A r.uANY,  which,  as  aforesaid,  have  been  by  the  inhabitants  erected 
and  built,  or  which  have,  as  aforesaid,  been  held,  enjoyed,  granted  and 
conveyed  unto  llicin,  or  any  of  tlicni.  respectively. 

Privilege    granted. — ^Title    of   corporation. — Proviso. — Powers    of 
Corporation. — Proviso. 

3.  Know  yk  tiikukkouk,  Tliat  1,  the  said  Thomas  Dongan,  by  virtue 
of  tlie  commission  and  authority  unto  me  given  and  power  in  me  pre- 
siding, at  the  humble  petition  of  tlie  .Tustices  of  the  Peace  of  the  said 


Dong  AN  Charter  of  tee  City  of  Albany.        9 

town  of  Alba:sy,  and  for  divers  other  good  causes  and  considerations 
me  thereunto  moving,  have  given,  granted,  ratified  and  confirmed,  and 
by  these  presents,  for  and  on  behalf  of  his  most  sacred  Majesty  aforesaid, 
his  heirs  and  successors,  do  give,  grant,  ratify  and  confirm  unto  the 
said  inhabitants  of  the  said  town,  herein  after  agreed  to  be  called  by  the 
name  or  names  of  the  Mayor,  Alderman  and  Commonalty  of  the  City  of 
Ai>BANT,  all  and  every  such  and  the  same  liberties,  privileges,  fran- 
chises, rights,  royalties,  free  customs,  jurisdictions  and  immunities, 
which  they  have  anciently  had,  held  and  enjoyed  :  Provided  always, 
That  none  of  the  said  liberties,  privileges,  franchises,  rights,  free  customs, 
jurisdictions  or  immunities,  be  inconsistent  with,  or  repugnant  to,  the 
laws  of  his  Majesty's  kingdom  of  England,  or  other  the  laws  of  the  general 
assembly  of  this  Province  ;  and  the  aforesaid  public  buildings,  accommo- 
dations and  conveniences,  pieces  or  parcels  of  ground  in  the  said  town, 
that  is  to  my.  The  said  town-hall  or  stadt-house,  with  the  ground  here- 
unto belonging  ;  the  said  church  or  meeting-place,  with  the  ground 
about  the  same  ;  the  said  buryiug-place,  the  watch-house  and  ground 
thereto  belonging  ;  the  said  pasture  and  the  afore-mentioned  ferry, 
with  their  and  every  of  their  rights,  members  and  appurtenances, 
together  with  all  the  profits,  benefits  and  advantages  that  shall  or  may 
accrue  or  arise  at  all  times  hereafter,  for  anchorage  or  wharfage  in  the 
harbor,  port  or  wharf  of  the  said  city,  with  all  and  singular  the  rents, 
issues,  profits,  gains  and  advantages  which  shall  or  may  arise,  grow  or 
accrue  by  the  said  town-hall  or  stadt-house,  and  the  ground  thereunto 
belonging;  church  or  meeting  place,  with  the  ground  about  the  same; 
burying-place,  watch-house,  pasture,  ferry,  and  other  the  above  men- 
tioned premises,  or  any  of  them,  and  also  all  and  every  the  streets,  lanes, 
highways  and  alleys,  within  the  said  city,  for  the  public  use  and 
service  of  the  said  Mayor,  Alderman  and  Commonalty  of  the  said  city, 
and  of  the  inhabitants  of  the  places  adjacent,  and  travellers  there ; 
together  with  full  power,  license  and  authority  to  said  Mayor,  Alder- 
man and  Commonalty  and  their  successors  forever,  to  establish, 
appoint,  order  and  direct  the  establishing,  making,  laying  out,  ordering, 
amending  and  repairing  of  all  streets,  lanes,  alleys,  highways  and 
bridges,  water-courses  and  ferries,  in  and  throughout  the  said  city,  or 
leading  to  the  same,  necessary,  needful  and  convenient  for  the  inhabitants 
of  the  said  city  and  the  jiarls  adjacent,  and  for  travellers  there.  Pro- 
vided ALWAYS,  That  the  said  license  so  as  above  gran  led  for  the 
establishing,  making  and  laying  out  streets,  lanes,  alleys,  highways, 
ferries  and  bridges,  be  not  extended  or  construed  to  extend,  to  the 
taking  awaj-  of  any  person  or  persons  right  or  property,  without  his  or 
their  consent,  or  b}^  some  known  law  of  the  said  Province.  And  for 
the  consideration  aforesaid,  I  do  likewise  give,  grant,  ratify  and  confirm 
unto  all  and  ever}'  the  respective  inhabitants  of  the  said  city  of  Albany, 
and  their  several  and  respective  heirs  and  assigns,  all  and  every  the 


10     DoNOAN  Charter  of  the  City  of  Albany. 

several  respective  messuages,  lands,  tenements  and  hereditaments, 
situate,  lying  and  being  in  the  said  city,  to  them  severally  and  respect- 
ively granted,  conveyed  and  confinned  by  any  the  late  Governors, 
Lieutenants,  or  Commander-in-Chief  of  the  said  Province,  or  by  the 
Commissaries  or  Justices  of  the  Peace,  or  other  Magistrates  of  Albany 
aforesaid,  or  otherwise  howsoever ;  To  Hold  to  their  several  and 
respective  heirs  and  assigns  forever. 

Waste  land,  etc.  < 

4.  And  I  do,  by  these  presents  give  and  grant  to  the  said  Mayor, 
Alderman  and  Commonalty  of  the  said  city  of  Albany,  all  the  waste, 
vacant,  unpatented  and  unappropriated  land  lying  and  being  within 
the  said  city  of  Albany,  and  the  precincts  and  liberties  thereof,  extend- 
ing and  reaching  to  the  low  water  mark,  in,  by  and  through  all  parts 
of  said  city  ;  together  with  all  rivers,  rivulets,  coves,  creeks,  ponds, 
w^ater-courses,  in  the  said  city,  not  heretofore  given  or  granted  by  any 
of  the  former  Glovernors,  Lieutenants  or  Commanders-in-Chief,  under 
their  or  some  of  their  respective  hands  and  seals,  or  the  seal  of  the 
Province,  to  some  respective  person  or  persons,  late  inhabitants  of  the 
said  city,  or  of  other  parts  of  the  said  Province  ;  and  also  the  royalties 
of  fishing,  fowling,  hunting,  hawking,  mines,  minerals  and  other 
royalties  and  privileges  belonging  or  appertaining  to  the  city  of  Albany, 
gold  and  silver  mines  only  excepted. 

Privilege  of  fishing  in  Hudson's  river. — Manor  of  Rensselaer- 
wyck. 

5.  And  I  do,  by  these  presents,  give,  grant  and  confirm  unto  the 
said  Mayor,  Aldermen  and  Commonalty  of  the  said  city  of  Albany,  and 
their  successors,  forever,  full  and  free  license  and  liberty  of  fishing  in 
Hudson's  River,  not  only  within  the  limits  of  the  said  city,  but  without, 
even  so  far  northward  and  southward  as  the  river  does  extend  itself, 
within  the  said  county  of  Albany,  together  with  free  liberty,  license 
and  authority,  to  and  for  the  said  Mayor,  Alderman  and  Commonalty 
of  the  said  city  of  Albany  aforesaid,  and  their  successors,  at  all  time 
and  times  liereafter,  for  and  during  the  space  of  one  and  twenty  years, 
from  and  after  the  fourth  day  of  Novemher,  last  past,  to  be  accomplished, 
and  fully  to  be  complete  and  ended,  to  cut  down  and  carry  away,  out 
of  any  part  of  the  manor  of  liensselaencpck,  (provided  it  be  not  within 
any  fenced  or  enclosed  land)  such  firewood  and  timber,  for  building  and 
fencing,  as  to  them  shall  seem  meet  and  convenient. 

Strays. 

(!.  And  I  do,  by  these  presents,  gniiil  unto  tlie  said  ]\Iayor,  Alderman 
and  Commonalty  of  the  city  of  Alb.vny,  and  their  successors  forever 


DoNGAN  Charter  of  the  City  of  Albany.      11 

hereafter,  all  such  strays  as  shall  he  taken  withiu  the  limit,  precincts  and 
bounds  of  the  said  city. 

To  purchase  lands  of  Indians. 

7.  And  I  do,  by.these  presents,  give  and  grant  unto  the  said  Mayor, 
Alderman  and  Commonalty,  of  the  city  of  Albany,  and  their  successors, 
full  liberty  and  license,  at  their  pleasure,  to  purchase  from  the  Indians, 
the  quantity  of  live  hundred  acres  of  low  or  meadow  land,  lying  at  a 
certain  place,  called  or  known  by  the  name  of  Schaagldecorjite,  which 
quantity  of  five  hundred  acres  shall  and  may  be,  in  what  part  of 
Schaaghtecogue,  or  the  land  adjacent,  as  they,  the  said  Mayor,  Alderman 
and  Commonalty  of  the  city  of  Albany,  shall  think  most  convenient. 

Annual  quit-rent. 

8.  And  I  do,  by  these  presents,  give  and  grant  unto  the  said  Mayor, 
Alderman  and  Commonalty,  full  power  and  license  ai  their  pleasure, 
likewise  to  purchase  from  the  Indiann,  the  quantity  of  one  thousand 
acres  of  low  or  meadow  land,  lying  at  a  certain  place,  called  or  known 
by  the  name  of  Tionnondoroge,  which  quantity  of  one  thousand  acres  of 
low  or  meadow  land,  shall  and  may  be,  in  what  part  of  Tionnondoroge, 
or  tlie  land  adjacent  on  both  sides  of  the  river,  as  they  the  said  Mayor, 
Alderman  and  Commonalty  of  the  said  city  of  Albany,  shall  think 
most  convenient;  which  said  several  parcels  of  low  or  meadow  land,  I 
do  hereby,  in  behalf  of  his  said  3Iajesty,  his  heirs  and  successors,  give, 
grant  and  confirm  unto  the  said  Mayor,  Alderman  and  Commonalty  of 
the  city  of  Albany  aforesaid,  to  be  and  remain  to  the  use  and  behoof  of 
them  and  their  successors  forever.  To  have  and  to  hold,  all  and 
singular  the  premises,  to  the  said  Mayor,  Alderman  and  Commonalty 
of  the  said  city  of  Albany,  and  their  successors  forever,  RENDERING 
and  paying  therefor  unto  his  most  sacred  Majesty,  his  heirs,  successors 
and  assigns  or  to  such  officers  or  receiver,  as  shall  be  appointed  to 
receive  the  same,  yearly,  forever  hereafter,  the  annual  quit-rent  or 
acknowledgement  of  one  beaver  skin,  in  Albany,  on  the  five  and 
twentieth  day  of  March,  yearly  and  forever. 

Bounds  of  city. 

9.  And  moreover,  I  will,  and  by  these  presents,  for  his  said.  Majesty, 
his  heirs  and  successors,  grant,  appoint,  and  declare,  that  the  said  city 
of  Albany,  and  the  compass,  precincts,  and  limits  thereof,  and  the 
jurisdiction  of  the  same,  shall  from  henceforth  extend  and  reach  itself, 
and  shall  and  may  be  able  to  reach' forth  and  extend  itself,  as  well  in  length 
and  breadth,  as  in  circuit,  on  the  east  by  Hudson's  River,  so  far  as  low 
water  mark  ;  to  the  south,  by  a  line  to  be  drawn  from,  the  southermost 
end  of  the  pasture,  at  the  north  end  of  the  said   island,  called  Martin 


12      DoNOAN  Charter  of  the  City  of  Albany. 

Gerritsen's  Island,  runniug  back  into  the  woods,  sixteen  English  miles 
due  northwest,  to  a  certain  kill  or  creek,  called  the  Sand  Kill;  on  the 
north,  to  a  line  to  be  drawn  from  the  post,  that  was  set  by  Governor 
Stuyvesant,  near  Hudsoii's  River,  running  likewise,  northwest  sixteen 
Enr/lisli  miles;  and  on  the  west  by  a  straight  line,  to  be  drawn  from  the 
points  of  the  said  north  and  south  lines;  wherefore  by  these  presents, 
I  do  firmly  enjoin  and  command  for  and  on  behalf  of  his  said  Majesty, 
his  heirs  and  successors,  that  the  aforesaid  Mayor,  Aldermen  and  Com- 
monalty of  the  city  aforesaid,  and  their  successors,  shall  and  may  freely 
and  quietly  have,  hold,  use  and  enjoy  the  aforesaid  liberties,  authorities, 
jurisdictions,  franchises,  rights,  royalties,  privileges,  advantages, 
exemptions,  lantls,  tenements,  hereditaments  and  premises,  aforesaid,  in 
manner  and  form  aforesaid,  according  to  the  tenure  and  effect  of  the 
aforesaid  grants,  patents,  customs,  and  these  letters  patent  of  grant 
and  confirmation,  without  the  let,  hindrance  or  impediment  of  any  of 
his  Majesty's  Governors,  Lieutenants,  or  other  ofiicers  whatsoever;  and 
that  the  said  Mayor,  Aldermen  and  Commonalty  of  the  city  aforesaid, 
and  their  successors  or  any  of  them,  in  the  free  use  and  enjoyment  of 
tlie  premises,  or  any  of  them,  by  the  Lieutenants  or  Governors  of  his 
said  Majesty,  his  heirs  and  successors,  or  by  any  of  them,  shall  not  be 
hindered,  molested,  or  in  any  wise  disturbed. 

Oflacers  of  city. 

10.  And  also,  I  do,  for  and  on  the  behalf  of  his  most  sacred  Majesty, 
his  heirs  and  successors,  ordain  and  grant  to  the  Mayor,  Aldermen  and 
Commonalty  of  the  city  of  Albany,  and  their  successors,  by  these 
presents,  that  for  the  better  government  of  the  said  city,  liberties  and 
precincts  thereof,  there  shall  be  forever  hereafter,  within  the  said  city, 
a  Mayor,  Recorder,  Town-Clerk,  and  six  Aldermen  and  six  Assistants,  to 
be  appointed,  nominated,  elected,  chosen  and  sworn,  as  hereinafter  is 
particularly  and  respectively  mentioned,  who  shall  be  forever  hereafter, 
called  the  Mayor,  Aldermen  and  Commonalty  of  the  city  of  Albany,  and 
that  there  shall  be  forever,  one  Chamberlain,  or  Treasurer,  one  Sheriff, 
one  Coroner,  one  Clerk  'of  the  Market,  one  High-Constable,  three  Sub- 
Constables,  and  one  Marshal  or  Sergeant  at  Mace,  to  be  appointed, 
chosen  and  sworn  in  manner  hereinafter  mentioned. 

Corporation  to  be  a  body  politic  and  corporate. 

11.  And  1  do,  by  these  presents,  for  and  on  behalf  of  his  most  sacred 
Majesty,  his  heirs  and  successors,  ordain,  declare,  constitute,  grant  and 
appoint,  that  the  Mayor,  Recorder,  Aldermen  and  Assistants  of  the  said 
city  of  Albany,  for  the  time  being,  and  their  successors  forever  hereafter, 
be  and  sliall  be,  by  force  of  these  presents  one  body  corporate  and  politic,iu 
deed,  fact  and  name,  by  tliename  of  The  Mayor,  Aldermen  and  Common- 
alty ofth-  city  0/ Albany;  and  them  by  the  name  of  the  Mayor,  Aldermen 


Dong  AN  Charter  of  the  City  of  Albany.      13 

and  Commonalty  of  the  city  o/' Albany,  one  body  corporate  and  politic,  in 
deed,  fact  and  name;  and  I  do  really  and  fully  create,  ordain,  make, 
constitute  and  confirm,  by  these  presents,  and  that  by  the  name  of  Tlie 
Mayor,  Alder  men  and  Commonalty  of  the  city  of  Albany,  that  they  may 
have  perpetual  succession,  and  that  they  and  theLr  successors,  forever 
by  the  name  of  the  Mayor,  Alderman  and  Commonalty  of  the  city  of 
Albany,  be  and  shall  be.  forever  hereafter,  persons  able,  and  in  law 
capable  to  have,  get,  receive  and  possess  lands,  tenements,  rents, 
liberties,  jurisdictions,  franchises  and  hereditaments,  to  them 
and  their  successors,  in  fee  simi^Ie  or  for  term  of  life, 
lives  or  years,  or  otherwise!  and  also  goods  and  chattels,  and 
also  other  things  of  what  nature,  quality  or  kind  soever;  and  also  to 
give,  grant,  let,  set  and  assign  the  said  lands,  tenements,  hereditaments, 
goods  and  chattels,  and  to  do  and  execute  all  other  things  in  and  about 
the  same  by  the  name  aforesaid;  and  also  that  they  be,  and  forever  shall 
be,  persons  able  in  law,  capable  to  plead,  and  be  Impleaded,  answer  and 
be  answered  unto,  defend  and  be  defended,  in  all  or  any  of  the  courts 
of  his  said  Majesty,  and  other  places  whatsoever,  and  before  any  Judges, 
Justices,  and  other  person  or  persons  whatsoever,  in  all  and  all  manner 
of  actions,  suits,  complaints,  demands,  pleas,  causes,  and  matters  what- 
soever, of  what  nature,  kind,  or  quality  soever,  in  the  same,  and  the 
like  manner  and  form  as  other  people  of  this  Province,  being  persons 
able  and  in  law  capable,  iwaj  plead  and  be  impleaded,  answer  and  be 
answered  unto,  defend  and  be  defended,  by  any  lawful  ways  or  means 
whatsoever;  and  that  the  said  ]Mayor,  Aldermen  and  Commonalty  of 
the  city  of  Albany,  and  their  successors,  shall  and  may  forever  here- 
after, have  one  common  seal  to  serve  for  the  sealing  of  all  and  singular 
their  affairs  and  business,  touching  or  concerning  the  said  corporation. 
And  it  shall  and  ma}'  be  lawful  to  and  for  the  said  Mayor,  Aldermen 
and  Commonalty  of  the  said  city  of  Albany,  and  their  successors,  as 
they  shall  see  cause,  to  break,  change,  alter  and  new  make  their  said 
common  seal,  and  as  often  as  to  tliem  shall  seem  convenient. 

Certain  oflB.cers  appointed. 

12.  And  further  know  ye,  tliat  I  have  assigned,  named,  ordained 
and  constituted,  and  by  these  presents,  do  assign,  name,  ordain  and 
constitute,  Peter  Schuyler,  to  be  the  present  Mayor  of  the  said  city  of 
Albany,  and  that  the  said  Peter  SeJinyler  shall  remain  and  continue  in 
the  office  of  Mayor  there,  until  another  fit  person  shall  be  appointed  and 
sworn  in  the  said  office,  as  in  and  by  these  presents,  is  liereafter 
mentioned  and  directed.  And  I  have  assigned,  named,  ordained 
and  constituted,  and  by  these  presents  do  assign,  name,  ordain 
and  constitute,  Isaac  Swinton  to  be  the  present  Kecorder  of 
the  said  city,  to  do  and  execute  all  things,  which  unto  the 
office  of  Recorder  of  the    said    city  doth,  or   may  "any    way  apper- 


14      DoNGAN  Charter  of  the  City  of  Albany. 

t_ain  or  beloug.  Aud  I  have  assigned,  named,  ordained  and  con- 
stituted, and  by  these  presents  do  ordain,  constitute,  create  and  declare, 
Robert  Livingston,  Town  Clerk  of  the  said  City;  to  do  and  execute  all 
things  which  unto  the  office  of  Town  Clerk,  doth  or  may  belong.  And 
also  I  have  named,  assigned',  constituted  and  made,  and  by  these  presents 
do  assign,  constitute  and  make  Dirk  Wessels,  Jan  Jans  Bleecker,  David 
Schuyler,  Jolianuis  Wendell,  Lavinus  Van  Scliaick,  and  Adrain  Garritse, 
citizens  and  inhabitants  of  the  said  city  of  Albany,  to  be  the  present 
Aldermen  of  said  city.  And  also  I  have  made,  assigned,  named  and 
constituted,  and  by  these  presents  do  make,  assign,  name  and  constitute, 
Joacliim  Staats,  John  Lansing,  Isaac  Verplanck,  Lawrence  Van  Ale, 
Albert  Ryckman,  and  Melgert  Winantse,  citizens  and  inhabitants  of  the 
said  city,  to  be  the  present  Assistants  of  the  said  city.  Also  I  have 
assigned,  chosen,  named  and  constituted,  Jan  Bleecker,  citizen  and 
inhabitant  of  the  said  city,  to  be  the  present  Chamberlain  or  Treasurer 
of  the  city  aforesaid.  And  I  have  assigned,  named,  constituted  and 
appointed,  and  by  these  presents  do  assign,  name,  constitute  and  appoint, 
Richard  Pretty,  one  of  the  said  citizens  there,  to  be  the  present  Sheriff 
of  the  said  city,  Aud  I  have  assigned,  named,  constituted  and 
appointed,  and  by  these  presents  do  assign,  name,  constitute  aud  appoint, 
James  Parker,  one  other  of  the  said  citizens,  to  be  the  present  Marshal 
of  the  said  city . 

Powers  of  Common  Council. — Duration  of  city  laws. 

13.  And  1  do,  by  tliese  presents,  grant  to  the  said  Mayor,  Aldermen 
and  Commonalty  of  the  said  city  of  Albany,  and  their  successors,  that 
the  Mayor,  Recorder,  Aldermen  aud  Assistants  of  the  said  city,  for  the 
time  being,  or  the  Mayor  aud  any  three  or  more  of  the  Aldermen,  and 
any  three  or  more  of  the  Assistants,  of  the  said  city,  for  the  time  being, 
be,  and  shall  be  called,  the  Common  Council  of  tlie  said  city,  and  that  they 
or  the  greater  part  of  them,  shall  or  may  have  full  power  and  authority, 
by  virtue  of  these  presents,  from  time  to  time  to  call  and  hold  Common 
Council,  within  the  Common  Council  House,  or  City  Hall  of  the  said 
city;  and  there,  as  occasion  shall  be  to  make  laws,  orders,  ordinances, 
and  constitutions  in  writing;  and  to  add,  alter,  diminish,  and  reform 
them,  from  time  to  time,  as  to  them  shall  seem  necessary  and  convenient, 
(not  repugnant  to  the  prerogative  of  the  King's  Majesty,  his  heirs  or 
successors,  or  to  any  laws  of  the  kingdom  of  England,  or  other  the  laws 
of  the  General  Assembly  of  the  Province  of  Neic  York  aforesaid)  for  the 
good  rule,  oversight,  correction,  and  government  of  the  said  city,  and 
liberties  of  the  same,  and  of  all  the  oihcers  thereof,  and  of  the  several 
tradesmen,  victuallers,  artiticers,  and  of  all  other  people  and  inhabitants 
of  the  city,  liberties  and  precincts  aforesaid,  and  for  the  preservation  of 
government,  the  Indian  trade,  and  all  other  commerce  and  dealing,  and 
for  disposal  of  all  the  lands,  tenements,  and  hereditaments,  goods  and 


DoNGAN  Charter  of  the  City  of  Albany.      15 

chattels  of  the  said  corporation;  whicli  said  laws,  ordinances,  and  con- 
stitutions shall  be  binding  to  all  the  inhabitants  of  the  said  city,  liberties, 
and  precincts  aforesaid;  and  which  laws,  orders,  ordinances,  and  con- 
stitutions, so  by  them  to  be  made  as  aforesaid,  shall  be  and  remain  in 
force,  for  the  space  of  one  year,  and  no  longer,  unless  they  shall  be 
allowed  and  confirmed  by  the  Governor  and  Council,  for  the  time  being. 

Power  to  make  laws. 

14.  And  furthek,  I  will  and  grant  to  the  said  Common  Council  of 
the  said  city,  for  the  time  being,  as  often  as  they  make,  ordain,  and 
establish  such  laws,  orders,  ordinances,  and  constitutions  aforesaid, 
shall  or  may  make,  ordain,  limit,  provide,  set,  impose,  and  tax,  reason- 
able fines  and  amerciaments,  against  and  upon  all  persons  offending 
against  such  laws,  orders,  ordinances,  and  constitutions  as  aforesaid,  or 
any  of  them,  to  be  made,  ordained,  and  established  as  aforesaid,  and 
the  same  fines  and  amerciaments  shall  and  may  require,  demand,  levy, 
take,  and  receive,  by  warrants,  under  the  common  seal,  to  and  for  the 
use  and  behoof  of  the  Mayor,  Aldermen  and  Commonalty  of  the  said 
city,  and  their  successors,  either  by  distress  and  sale  of  the  goods  and 
chattels  of  the  offenders  therein,  if  such  goods  and  chattels  may  be 
found  within  the  said  city,  liberties,  and  precincts  thereof,  rendering  to 
such  offender  and  offenders  the  overplus,  or  by  any  other  lawful  ways 
or  means  whatsoever. 

Time  when  Mayor,  etc.,  to  be  appointed. 

15.  And  I  do,  by  these  presents,  for  the  King's  Majesty,  his  heirs 
and  successors,  approve  and  ordain  the  assigning,  naming  and  appoint- 
ing of  the  Mayor  and  Sheriff  of  the  said  city,  that  it  shall  be  as  followeth, 
{viz.)  upon  the  feast  day  of  St.  Michael,  the  arch  angel,  yearly,  the 
Lieutenant-Governor  or  Commander-in-Chief,  for  the  time  being,  by 
and  with  the  advice  of  his  council,  shall  nominate  and  appoint  such  a 
person  as  he  shall  think  fit,  to  be  Mayor  of  the  said  city,  for  the  year 
next  ensuing;  and  one  other  person  of  sufficient  ability  in  estate,  and 
capacity  in  understanding,  to  be  Sheriff  of  the  said  city  of  Albany,  for 
the  year  next  ensuing;  and  that  such  person  as  shall  be  assigned, 
named  and  appointed  Mayor,  and  such  person  as  shall  be  assigned, 
named  and  appointed  Sheriff  of  the  said  city  as  aforesaid,  shall  on  the 
14th  day  of  October,  then  next  following,  in  the  City  Hall  or  Stadt- 
House  aforesaid,  take  the  several  and  respective  corporal  oaths  before 
the  Recorder,  Aldermen  and  Assistants,  or  any  three  of  the  Aldermen 
and'f our  of  the  A  ssistants  of  the  said  city,  for  the  time  being,  for  the 
due  execution  of  their  respective  offices  as  aforesaid;  and  that  the  said 
Mayor  and  Sheriff,  so  to  be  nominated  and  appointed  as  aforesaid,  shall 
remain  and  continue  in  their  respective  ofiices  until' another  fit  person 


1(5      Dong  AN  Charter  of  the  City  of  Albany. 

shall  be  nominated,  appointed,  and  sworn  in  the  place  of  Mayor,  and 
one  other  person  shall  be  nominated,  appointed,  and  sworn  in  the  place 
of  Sheriff  of  the  said  city,  in  manner  aforesaid;  which  oaths  the  said 
Recorder,  Aldermen,  and  Assistants,  or  any  three  or  more  of  the 
Aldermen,  shall  and  may  lawfully  administer,  and  have  hereby  power 
to  administer  to  the  said  Major  and  the  said.  Sheriff,  so  nominated  and 
a]ipointed,  from  time  to  time,  accordingly. 

Recorder  and  Town  Clerk,  how  appointed. 

IG.  And  further.  That  according  to  usage  and  custom,  the 
Recorder  and  Town  Clerk  of  the  said  city,  shall  be  persons  of  good 
capacity  and  understanding,  such  as  his  most  sacred  Majesty,  his  heirs 
and  successors,  shall  in  the  said  respective  offices  of  Recorder  and  Town 
Clerk,  respectively  appoint  and  commissionate;  and  for  defect  of  such 
appointment,  and  commissionating,  by  his  most  sacred  Majesty  as  afore- 
said, his  heirs  and  successors,  to  be  such  persons  as  the  said  Governor, 
Lieutenant  or  Commander-in-Chief  of  the  said  Province,  for  the  time 
being  shall  appoint  or  commissionate;  which  persons  so  comraissionated 
to  the  said  office  of  Recorder  and  office  of  Town  Clerk  respectively, 
shall  have,  hold  and  enjoy  the  said  offices  respectively  according  to  the 
tenor  and  effect  of  the  said  respective  commissions,  and  not  otherwise. 

Officers  to  take  an  oath. 

17.  And  further,  I  will,  that  the  Recorder,  Town  Clerk,  Aldermen, 
Assistants,  ^Chamberlain,  High-Constables,  Petty-Constables,  and  all 
other  officers  of  the  said  city,  before  they,  or  any  of  them  shall  be 
admitted  to  enter  upon  and  execute  the  respective  offices,  shall  be  sworn 
faithfully  to  execute  the  same,  before  the  Mayor,  or  any  three  or  more 
of  the  Aldermen,  for  the  time  being.  And  I  do,  by  these  presents,  for 
and  on  behalf  of  his  said  Majesty,  his  heirs  and  successors,  grant  and 
give  power  and  authority  to  the  Mayor  and  Recorder  of  the  said  city, 
for  the  time  being,  to  administer  the  same  respective  oaths  to  them 
accordingly. 

Mayor,  etc.,  to  be  justices  of  the  peace. 

18.  And  further,  I  will,  and  by  these  presents,  do  grant  for  and  on 
behalf  of  his  most  sacred  Majesty,  his  heirs  and  successor.?,  that  the 
Mayor,  Aldermen  and  Recorder  of  the  said  city,  for  the  time  being,  shall 
be  justices  and  keepers  of  the  peace  of  his  said  Majesty,  his  heirs  and 
successors,  and  justices  to  hear  and  determine  matters  and  causes  within 
the  said  city,  liberties  and  precincts  thereof,  and  that  they  or  any  three 
or  more  of  them,  shall  and  may  forever  hereafter  have  power  and 
authority,  by  virtue  of  these  presents,  to  hear  and  determine  all  and  all 
manner  of  petty  larcenies,  riots,  routs,  oppressions,  extortions,  and  all 
other  trespasses  and  offenses  whatsoever,  within  the  said  city  of  Albany. 


Dong  AN  Charter  of  tee  City  of  Albany.      17 

and  the-  limits,  precincts  and  liberties  thereof,  from  time  to  time,  arising 
and  liappening,  and  which  sliall  arise  or  happen,  and  any  "way  belong 
to  the  of!ice  of  justice  of  tlie  peace,  and  correction  and  punishment  of 
the  offenders  aforesaid,  and  every  of  them,  according  to  the  laws 
of  England,  and  the  laws  of  the  said  Province;  and  to  do  and  execute 
all  other  things  in  the  said  city,  liberties  and  precincts  as  aforesaid,  so 
fully  and  in  as  ample  a  manner  as  to  the  commissioners  assigned,  and 
to  be  assigned  for  the  keeping  of  the  peace  in  the  said  city  and  county 
of  Albaxt,  doth  or  may  belong. 

Election     of     Aldermen,     Assistants    and    Chamberlain. — First 
Town  Clerk. 

19.  And  moreover,  I  do,  by  these  presents,  for  his  majesty,  his 
heirs  and  successors,  will  and  appoint  that  the  Aldermen  and  Assistants, 
within  the  said  city,  be  yearly  chosen  on  the  feast  day  of  St.  Michael 
the  archangel,  forever,  {ciz.)  two  Aldermen  and  two  Assistants  for  each 
respective  ward,  in  such  public  place  in  the  said  respective  wards,  as 
the  Aldermen  for  the  time  being,  for  each  ward,  shall  direct  and 
appoint,  and  that  by  the  majority  of  voices  of  the  inhabitants  of  each 
ward;  and  that  the  Chamberlain  shall  be  yearly  chosen,  on  the  said 
feast  day,  in  the  city-hall  of  the  said  city,  by  the  said  Mayor,  Aldermen 
and  Assistants  of  the  said  city,  or  by  the  Mayor  or  three  or  more  of  the 
Aldermen  and  three  or  more  of  the  Assistants  of  said  city,  for  the  time 
being.  And  I  do,  by  these  presents,  constitute  and  appoint  Robert 
Livingston  to  be  the  present  Town  Clerk,  Clerk  of  the  Peace,  and  Clerk 
of  the  Court  of  Pleas,  to  be  holden  before  the  Mayor,  Recorder 
and  Aldermen  within  the  said  city,  and  the  liberties  and  precincts 
thereof. 

Duty  of  Sheriff,  etc. 

20.  And  fuuthek,  I  do,  by  these  presents,  for  his  said  Majesty,  his 
heirs  and  successors,  require  and  straightly  charge  and  command  that 
the  Sheriff,  Town  Clerk,  Clerk  of  the  Peace,  High-Constable,  Petty- 
Constable,  and  all  other  subordinate  officers  in  the  said  city,  for  the 
time  being,  and  eveiy  of  them  respectively,  jointly  and  severally,  as 
causes  shall  require,  shall  attend  upon  the  said  Mayor,  Recorder  and 
Aldermen  of  the  said  city  for  the  time  being,  and  every  or  any  of  them, 
accoi'ding  to  the  duty  of  their  respective  place,  in  and  about  the  execu- 
ting of  such  the  commands,  precepts,  warrants  and  process  of  them, 
and  every  of  them  as  belougetli  and  appertaineth  to  be  done  or  executed. 

Mayoi;,  etc.,  to  commit  offenders. 

21.  And  that  the  aforesaid  Mayor.  Recorder,  and  Aldermen,  and 
every  one  of  them,  as  justices  of  the  peace,  for  the  time  being,  by  their 

2 


18      DoNGAN  Charter  of  the  City  of  Albany. 

or  any  of  their  warrants,  all  and  every  person  or  persons,  for  high 
treason  or  petty  treason,  or  for  suspicion  thereof,  and  for  other  felonies 
whatsoever,  and  all  malefactors  and  disturbers  of  the  peace,  and  other 
offenders  for  any  other  misdemeanors,  who  shall  be  apprehended  within 
the  said  city  or  liberties  thereof,  or  without  the  same  in  any  part  within 
the  said  county,  shall  and  may  send  and  commit,  or  cause  to  be  sent  and 
committed  to  the  common  gaol  of  the  said  city,  there  to  remain  and  be 
kept  in  safe  custody  by  the  keeper  of  the  said  gaol,  or  his  deputy  for  the 
time  being,  until  such  offender  and  offenders  shall  be  lawfully  delivered 
thence. 

Duty  of  keeper  of  gaol. 

22.  And  I  do,  by  these  presents,  for  his  said  Majesty,  his  heirs  and 
successors,  charge  and  require  the  keeper  and  keepers  of  the  said  gaol  for 
the  time  being,  and  his  and  their  deputy  or  deputies,  to  receive  and  take 
into  safe  custody,  to  keep  all  and  singular  such  person  or  persons  so 
apprehended  or  to  be  apprehended,  sent  and  committed  unto  the  said 
gaol,  by  warrant  of  the  said  justices,  or  any  of  them  as  aforesaid,  until 
he  or  they  so  sent  and  committed  to  the  said  gaol,  shall  from  thence  be 
delivered  by  due  course  of  law. 

Licenses  to  tavern-keepers,  etc. 

23.  And  further,  I  grant  and  confirm,  for  his  said  Majesty,  his 
heirs  and  successors,  that  the  said  Mayor  of  the  said  city  for  the  time 
being,  and  no  other,  shall  have  power  and  authority  to  give  and  grant 
licenses  annually,  under  the  public  seal  of  the  said  city,  to  all  tavern 
keepers,  inn-keepers,  ordinary  keepers,  victuallers,  and  all  public 
sellers  of  wine,  strong  waters,  cider,  beer,  or  any  other  sort  of 
liquors  by  retail  within  the  city  aforesaid,  or  the  liberties  and 
precincts  tliereof,  or  without  the  same  in  any  part  or  the  said  county 
and  that  it  shall  and  may  be  lawful  to  and  for  the  said  Mayor  of  the 
said  city  for  the  time  being,  to  ask,  demand  and  receive  for  each 
license  by  him  to  be  given  and  granted  as  aforesaid,  such  sum  or  sums, 
of  money,  as  he  and  the  person  to  whom  such  license  may  be  given  or 
granted  shall  agree  for,  not  exceeding  the  sum  of  thirty  shillings, 
current  money  of  this  country  for  each  license;  all  which  money,  as  by 
the  Mayor  shall  be  so  received,  shall  be  u.sed  and  applied  to  the  pul)lic 
use  of  the  said  Mayor,  Aldermen  and  Commonalty  of  the  said  city  of 
Ai-isANY,  without  any  account  thereof  to  be  rendered,  made  or  done  to 
his  said  Majesty,  his  heirs,  successors  or  assigns,  or  any  of  his  Lieutenants 
or  Governors  of  the  said  Province,  for  the  time  being,  or  any  of  their 
deputies. 


DoNOAN  Charter  of  the  Unr  of  Albany.      19 

Mayor  to  be  Clerk  of  Market. 

24.  And  further,  I  do  grant  for  his  said  Majesty,  liis  heirs  and 
successors,  that  the  said  Mayor  of  the  said  city  for  the  time  being,  and 
no  other,  be  and  forever  shall  be  Clerk  of  the  market  witliin  the  said 
city  aforesaid  and  the  liberties  and  precincts  thereof;  and  that  he,  and 
no  other  shall  and  may  forever  do,  execute  and  perform  all  and 
singular  acts,  deeds  and  things  whatsoever,  belonging  to  the  office  of 
Clerk  of  the  market  within  the  city  aforesaid,  and  the  liberties  and 
precincts  thereof,  to  be  done,  executed  and  performed.  And  that  the 
said  Mayor  of  the  said  city,  for  the  time  being,  and  no  other  person  or 
persons,  sliall  or  may  have  assize  or  assay  of  bread,  wine,  beer  and 
wood,  and  other  things  to  the  office  of  Clerk  of  the  market  belonging 
or  concerning,  as  well  in  the  presence  as  in  the  absence  of  his  said 
Majesty,  his  heirs  and  successors,  or  his  or  their  Lieutenants  or 
(Jovernors  here. 

Mayor  to  be  Coroner. 

25.  Also,  I  will  and  grant  for  his  said  Majesty,  his  heirs  and  success- 
ors, unto  the  Mayor,  Aldermen  and  Commonalty  of  the  said  citv  for 
the  time  being,  and  their  successors  for  ever,  that  the  Mayor  of  the  said 
city  aforesaid,  for  the  time  being,  during  the  time  that  he  shall  remain 
in  the  said  office  of  Mayor,  and  no  other,  be,  or  shall  be  coroner  of  his 
said  Majesty,  his  heirs  and  successors,  as  well  within  the  city 
aforesaid,  and  the  liberties  and  precincts  thereof,  as  without  the  same, 
within  the  limits  or  bounds  of  the  said  county;  and  that  he  and  no 
other,  shall  do  or  cause  to  be  done  and  executed,  within  the  said  city, 
limits  and  precincts  thereof,  or  without  the  same,  within  the  limits  and 
bounds  of  the  county,  all  and  singular  matters  and  things  to  the  said 
office  of  Coroner  belonging,  there  to  be  done.  And  that  the  said  Mayor 
of  the  said  city  for  the  time  being,  shall  take  his  corporal  oath  before 
the  Recorder,  or  any  three  or  more  of  the  Aldermen  of  the  said  city, 
well  and  duly  to  execute  the  said  office  of  Clerk  of  the  market  and 
Coroner  of  the  said  city  and  county,  before  he  take  upon  him  the  execu- 
tion of  either  of  the  said  offices. 

Fines  for  not  serving  as  officers. 

26.  And  also,  I  do,  by  these  presents,  grant  unto  the  Mayor,  Alder- 
men and  Commonalty  of  the  said  city  of  Alrany,  that  if  any  of  the 
citizens  of  the  said  city,  or  inhabitants  within  the  limits  and  precincts 
thereof,  that  shall,  after  being  elected,  nominated,  or  chosen  to  the 
office  of  Mayor,  Aldermen,  Assistants,  Sheriff,  or  Chamberlain  of  the 
said  city  as  aforesaid,  and  have  notice  of  his  or  their  election,  shall 
refuse  or  deny  to  take  upon  him  or  them  to  execute  tbat  office  to  which 
they  shall  be  so  chosen  or  nominated;  that  then,  and  so  often  as  it  shall 


20      DoNGAN  Charter  of  the  City  of  Albany. 

and  may  be  lawful  for  the  Mayor,  Recorder,  Alderman,  and  Assistants 
of  the  said  city,  for  the  time  being,  or  the  Mayor,  or  any  three  of  the 
Aldermen,  and  three  or  more  of  the  Assistants  of  the  said  city,  for  the 
time  being,  to  tax,  assess,  and  impose  upon  such  person  or  persons  so 
refusing  or  denying,  such  reasonable  or  moderate  fines  or  sums  of 
money  as  to  their  discretion  shall  be  thought  most  fit,  so  as  the  said  fine, 
penalty  or  sum  for  refusing  or  denying  to  hold  and  execute  the  oflice  of 
Mayor  of  the  said  city,  do  not  exceed  the  sum  of  twenty  pounds,  current 
money  of  this  country;  and  the  fines  for  refusing  or  denying  to  hold  and 
execute  the  place  of  an  Alderman,  do  not  exceed  the  sum  of  ten  pounds, 
like  current  money;  and  the  fine  for  denying  or  refusing  to  hold  and 
execute  the  place  of  Chamberlain,  Assistant,  or  sheriff,  the  sum  of  five 
pounds,  like  current  money. 

Election  of  such  to  be  annulled. 

27.  And  I  do,  by  these  presents,  for  his  said  Majesty,  his  heirs  and 
successors,  authorize  the  Mayor,  Recorder,  Aldermen,  and  Assistants  of 
the  said  city,  for  the  time  being,  and  the  Mayor,  and  three  or  more  of 
the  Aldermen,  and  three  or  more  of  the  Assistants  there  for  the  time 
being,  to  frustate  and  make  void  the  election  of  such  person  or  persons 
so  refusing  or  denying  as  aforesaid ;  and  then,   and  in  such  cases,  any 
other  fit  and  able  person  and  persons,  citizen  and  citizens  of  the  said 
city,  or  inhabiting  within  the  liberties  and  precincts  thereof,  in  conven- 
ient times,  to  elect  anew  in  the  manner  aforesaid,  directed  and  prescribed 
to  execute  such  oflice  and  offices  so  denied  or  refused  to  be  executed  as 
aforesaid;  and  that  if  it  shall  hajipen  that  such  person  or  persons  so  to 
be  elected  anew,  shall  refuse  or  deny  to  take  upon  him  or  them  any  of 
the  said  office  or  offices  unto  which  he  or  they  shall  be  chosen  and  elected 
as  aforesaid;  then  and  in  such  case,  the  Mayor,  Recorder,  Aldermen,  and 
Assistants  of  the  said  city,  for  the  time  being,   or  the  said  Mayor,  or 
three  or  more  of  the  said  Aldermen,  and  three  or  more  of  the  Assistants 
of  the  said  city  for  the  time  being,  shall  or  may  set  and  impose  upon 
them  so  denying  or  refusing,  such  and  the  like  moderate  fines  as  is 
before  set  down  in  like  cases  to  the  respective  offices,  with  such  limita- 
tions as  aforesaid;  and  also  in  such  and  the  like  manner  as  aforesaid, 
to  continue  and  make  void  such  election  and  elections,  and  make  new 
elections  as  often  as  need  shall  be  and  require;   all  which  said  fines  so 
sot  and  imposed,  I  do  by  these  presents,  for  arid  on  behalf  of  his  said 
Majesty,  his  heirs,  siiccessors,  and  assigns,   grant  to  be,  and  shall  be 
and  remain,  and  belong  unto,  and  sliall  be  put  into   (lie  jiossession  and 
seizen  of  the  Mayor,  Aldermen  and  Commonalty   for  tlie  time  being, 
and  their  successors,  to    be  hn'icd   and   taken    l)y   warrant   under  the 
common  seal,  and  by  distress  and  sale  of  the  goods  anil  chattels  of  the 
several  persons  so  refusing  or  denying  as  aforesaid,  if  such  goods  and 
ehattels  may  be  found   wilhin    the   said   city,    liberties   and    precincts 


Dong  AN  Charter  of  the  City  of  Albany.      21 

thereof,  rendering  to  the  parties  the  overphis,  or  by  any  other  ways  or 
hiwful  means  whatsoever,  to  tiie  only  use  of  the  said  Mayor,  Aldermen, 
and  Commonalty  of  the  city  of  Albany,  and  their  successors,  without 
any  account  to  be  rendered,  made  or  done  to  the  said  King's  Majesty, 
his  heirs,  successors,  or  assigns  for  the  same. 

Freedom   of   th.e   city. — None   but   freemen   to   trade    in   city. — 
Proviso. 

28.  And  know  ye,  that  for  the  better  government  of  the  said  city, 
and  for  the  welfare  of  the  citizens,  tradesmen,  and  inhabitants  thereof, 
I  do,  by  these  presents,  for  his  said  Majesty,  his  heirs  and  successoi-s, 
give  and  grant  to  the  said  Mayor,  Aldermen,  and  Commonalty  of  the 
said  city,  and  their  successors,  that  the  Mayor,  Recorder,  and  Aldermen, 
or  the  Mayor  or  any  three  or  more  of  the  Aldermen  for  the  time  being, 
shall  from  time  to  time,  and  at  all  times  hereafter,  have  full  power  and 
authority,  under  the  common  seal,  to  make  free  citizens  of  the  city 
and  liberties  thereof;  and  no  person  or  persons  whatsoever,  other  than 
such  free  citizens,  shall  hereafter  use  any  art,  trade,  mystery,  or  manual 
occupation  within  the  said  city,  liberties  and  precincts  thereof,  saving 
in  the  times  of  fairs  there  to  be  kept,  and  during  the  continuance  of 
such  fairs  only.  And  in  case  any  person  or  persons  whatsoever,  not 
being  free  citizens  shall  hereafter  use  or  exercise  any  art,  trade,  mystery, 
or  manual  occupation,  or  shall  by  himself,  themselves,  or  others,  sell  or 
expose  to  sale  any  manner  of  merchandise  or  wares  whatsoever^  by 
retail,  in  any  house,  shop  or  place  or  standing  within  the  said  city,  or 
the  liberties  or  precincts  thereof,  no  fair  being  then  kept  in  the  said  city, 
and  shall  persist  therein  after  warning  to  him  or  them  given  or  left, 
by  the  appointment  of  the  Mayor  of  said  city,  for  the  time  being  at  the 
place  or  places  where  such  person  or  persons  shall  so  use  and  exercise 
any  art,  trade,  mystery,  or  manual  occupation,  or  shall  sell  or  expose 
to  sale  any  wares  or  mtrchaudise  as  aforesaid  by  retail;  then  it  shall 
be  lawful  for  the  Mayor  of  the  said  city,  for  the  time  being,  to  cause 
such  shop  windows  to  be  shut,  and  also  to  impose  such  reasonable  fine  for 
such  offense,  not  exceeding  twenty  shillings  for  every  respective  offense; 
and  the  same  fines  so  imposed,  to  levy  and  take,  by  warrant,  under  the 
common  seal  of  the  said  city  for  the  time  being,  by  distress  and  sale  of 
the  goods  and  chattels  of  the  person  or  persons  so  offending  in  the 
premises,  found  within  the  liberties  and  precincts  of  the  said  city, 
rendering  to  the  parties  the  overplus,  or  by  any  other  lawful  ways  or 
means  whatsoever,  to  the  only  use  of  the  said  Mayor,  Aldermen,  and 
Commonalty  of  the  said  city  of  Albany,  and  their  successors,  without 
any  account  to  be  rendered,  made,  or  done  to  his  Majesty,  his  heirs  and 
successors,  or  to  his  or  their  Lieutenants,  Governors,  or  Commanders- 
in-Chief  for  the  same.  Provided  alw^vys.  That  no  person  or  persons 
shall  be  made  free  as  aforesaid,  but  such  as  are  his  Majesty's  natural 


22      DoNGAN  Charter  of  the  City  of  Albany. 

bora  subjects,  or  such  as  shall  be  first  naturalized  by  act  of  the  General 
Assembly,  or  have  obtained  letters  of  denization,  under  the  hand  of  the 
Jiieutenaut  or  Governor,  or  Commander-in-Chief  for  the  time  being, 
and  the  seal  of  the  said  Province;  and  that  all  persons  to  be  made  free 
as  aforesaid,  shall  and  do  pay  for  the  public  use  of  the  said  Mayor, 
Aldermen,  and  Commonalty  of  the  said  city,  such  sums  of  money  as 
such  person  or  persons  so  to  be  made  free,  shall  respectively  agree  for, 
not  exceeding  the  sum  of  three  pouiuU  twelve  shillings  for  the  adnussion 
of  each  merchant  or  trader;  and  the  sum  of  t>ix  and  thirty  shilUiKjs  for 
the  admission  of  each  handicraft  or  tradesman. 

To  regulate  trade  with.  Indians. 

29.   And  wiiekeas,  amongst  the  otlier  rights,   privileges,  prehemin 
ences,  and  advantages  which  the  citizens  and  freemen  of  the  said  city 
of  Albany,  and  their  predecessors,  have  for  many  years  last  past  held, 
used  and   enjoyed   the  privileges,  preheminences,  and  advantages  of 
having  within  tiieir  own  walls  the  sole  management  of  the  trade  with 
■  all  the  Indians  living  within  and  to  the  eastward,  northward,  and  west- 
ward of  the  said  county  of  Albany,  within  the  compass  of  his  s:iid 
Majesty's  dominion  here,  which  hath  been  from  time  to  time  confirmed 
to  them,  and  their  said   predecessors,  as  well  by   prescription   as  by 
divers  and  sundry  grants,  orders,   confirmations,   and  proclamations, 
granted,  ordered,  confirmed,  and  issued  forth,  not  only  by  and  from 
divers  Governors  and  Commanders-in-Chief  in  the  saitl  Province,  since 
the  same  hath  been  under  his  said  Majesty's  dominion,  but  also  of 
several  Governors,  Generals,  and  Commanders-in-Chief  of  the  Nether 
Dutch  Nation  whilst  the  same  was  or  has  been  under  their  power  and 
subjection,  which  has  always  been  found  by  experience  to  be  of  great 
advantage,  not  only  to  the  said   city  in   particular,  but   to   the   whole 
Province  in  general;  and  that  by  the  care,  caution  and  inspection  of  the 
magistrates  of  the  .said  city,  to  the  well  and  orderly  management  and 
keeping  the  trade  with  the  Indians  within  tiicir  walls,  it  hatli  returned 
vastly  to  the  advancement  (;f  trade  and  the  increase  of  his  JVIajesty's 
revenue,  and  been  the  sole  means,  not  only  of  preserving  this  Province 
in  peace  and  ((uiet,  whilst  the  neighboring  colonies  were  imbrued  in 
blood  and  war,  but  also  of  putting  an  end  to  the  mi.series  those  colonies 
labored   under  from   the   insulting  cruelty  of   the  Northern  Indians. 
Whereas,  on  the  other  hand,  it  has  been  no  less  evident,  that  whenever 
there  has  been  any  slackness  or  remissness  in  the  regulation  and  keeping 
the  Indian  trade  witliin   liie  walls  of  Ihc  said  city,  occasioned  by  the 
encroachment  of  some  persons  trading  with  the  fndiansin  {)laces  remote, 
some   clandestinely,  others   upon  jiretence  of  hunting  pa.sses,  and  the 
like,  the  trade  not  only  of  llic  said  city,  but  the  whole  Province,  has 
apparently  decreased,  the  King's  revenue  has  been  much  inqjaired,  and 


DoNGAN  Charter  of  the  City  of  Albany.      23 

not  only  so,  but  this  government  Las  lost  much  of  tlie  reputation  and 
management  amongst  the  Indians,  which  it  otherwise  had  and  enjoyed ; 
wherefore,  for  and  on  behalf  of  his  said  ^Majesty,  his  heirs  and  suc- 
cessors, I  have  given,  granted,  ratified,  and  confirmed,  and  by  these 
presents  do  give,  grant,  ratify  and  confirm  unto  the  Mayor,  Aldermeu- 
and  Commonalty  of  the  said  city  of  Albany,  and  their  successors  for- 
ever, the  right,  privilege,  preheminence,  and  advantage  of  the  sole 
and  only  management  of  the  trade  with  the  Indians,  as  well 
within  this  whole  country,  as  without  the  same,  to  the  east, 
ward,  northward,  and  westward  thereof,  so  far  as  his  Majesty's 
dominion  here  does  or  maj'  extend,  to  be  managed  and  transacted  only 
by  the  freemen,  being  actual  inhabitants  within  the  said  city,  and 
within  the  now  walks  and  stockades  thereof,  and  not  elsewhere.  And 
I  do  hereby,  for  his  said  Majesty,  his  heirs  and  successors,  absolutely 
forbid  and  prohibit  all  and  every  the  inhabitants  of  the  said  Province 
of  New  York,  (the  inhabitants  of  the  said  city  of  Albany  only  excepted,) 
to  trade  or  traffic  with  any  of  the  five  nations  of  Indians,  called  the 
Senekas,  Cayonges,  Onondages,  Oncydes,  and  Maqueas,  who  live  to  the 
westward,  or  with  any  other  Indian  or  Indians  whatsoever,  within  the 
county  of  Albany,  or  to  the  eastward,  northward,  or  westward  thereof, 
so  far  as  his  said  Majesty's  dominions  here  do  or  may  extend  or  to  have 
or  keep  in  their  houses  or  elsewhere,  an}'-  Indian  goods  or  merchandize, 
upon  the  pain  and  penalty  of  the  forfeiture  and  confiscation  of  all  such 
Indian  commodities,  whether  the  same  be  beavers,  peltry,  or  otlier 
Indian  commodities  whatsoever,  except  Indian  corn,  venison,  and 
dressed  deer  skin,  to  trade  for,  and  upon  pain  and  penalty  of  the  for- 
feiture and  confiscation  of  all  such  Indian  goods  and  merchandize,  as 
guns,  powder,  lead,  duffels,  rum,  and  all  other  Indian  goods  and  mer- 
chandize, which  shall  at  any  time  hereafter  be  found,  concealed,'  or  kept 
in  any  house  or  place  without  the  walls  of  the  said  cit}-,  and  within  the 
said  county  of  Albany,  and  the  other  limits  and  boundaries  hereinbefore 
set  forth  and  prescribed;  and  in  case  any  person  or  persons  whatsoever 
shall  at  any  time  hereafter,  out  of  the  walls  of  the  said  city,  and  within 
the  said  county,  or  the  other  limits  and  boundaries  hereinbefoi'c 
set  forth  and  prescribed  trade  or  traffic  with  any  Indian  or  Indians,  for 
any  beavers,  peltry,  or  other  Indian  commodities,  (except  as  before 
excepted,)  or  there  shall  conceal  or  keep  any  Indian  goods,  wares,  or 
merchandize  in  any  house  or  place  as  aforesaid,  then  it  shall  and  may 
be  lawful  for  the  Mayor,  Recorder,  or  any  of  the  Aldermen  for  the  time 
being,  by  warrant,  under  their  or  any  of  their  hands,  to  cause  such 
Indian  commodities  so  traded  for,  and  such  goods  and  merchandise 
so  kept  and  concealed  without  the  Avails  of  the  said  city,  wheresoever 
they  shall  be  found  within  the  said  city  and  county,  as  without  the 
same  within  the  limits  and  boundaries  before  expressed,  to  be  seized, 
and  the  same  to  be  condemned  and  confiscated,  in  the  court  of  pleas  or 


24      DoNGAN  Charter  of  the  City  of  Albany. 

common  pleas  in  the  said  city,  or  any  other  court  of  record  within 
the  said  city  or  Province,  one-third  part  to  the  Mayor  of  the  city 
for  the  time  being,  one-third  part  to  such  person  or  persons  as 
shall  inform  or  sue  for  the  same,  and  the  other  third  part  to  the  use 
of  the  Mayor,  Aldermen  and  Commonalty  of  the  said  city  of  Albany, 
and  their  successors  forever.  And  also,  that  it  shall  and  may  be  lawful 
to  and  for  the  Mayor,  Recorder  and  Aldermen  of  the  said  city  for  the 
time  being,  by  a  warrant  under  their  or  any  of  their  hands  or  seals,  to 
cause  such  person  or  persons,  as  shall  presume  to  trade  or  traffic  with 
the  Indians,  contrary  to  the  form  and  effect  of  these  presents,  to  be 
apprehended  wherever  they  shall  be  found,  within  the  limits  and 
boundaries  hereinbefore  prescribed,  to  answer  the  same  at  the  court  of 
pleas  and  common  pleas  in  the  said  city,  or  any  other  court  of  record 
within  the  said  city  or  Province,  where  being  legally  convicted  thereof, 
such  person  or  persons,  over  and  besides  the  forfeiture  and  confiscation 
of  such  goods,  merchandise  and  commodities  as  aforesaid,  shall  be 
fineable,  and  fined  in  such  sum  or  sums  of  money,  (not  exceeding 
twenty  iwunxls,  current  money  of  this  country,)  as  at  the  discretion  of 
such  court,  before  whom  he  or  they  shall  be  prosecuted,  shall  be  thought 
reasonable  and  convenient;  which  said  fines  shall  be  one-third  part  to 
the  person  who  shall  inform  and  prosecute  for  the  same,  and  the  other 
two-thirds  to  the  use  of  the  Mayor,  Aldermen  and  Commonalty,  and 
their  successors  forever. 

License  to  hunt  in  the  county  of  Albany. 

30.  And  fuktheh,  I  do,  by  these  presents,  for  and  on  behalf  of  his 
said  Majesty,  his  heirs  and  successors,  grant  and  declare  to  the  said 
Mayor,  Aldermen  and  Commonalty  of  Alb.\ny,  and  their  successors, 
that  his  Majesty,  his  heirs  and  successors,  nor  any  of  his  or  their 
Governors,  Lieutenants,  Conunanders-in-Chief  or  other  officers,  sliall  not 
or  will  not  from  lienceforth  forever  hereafter,  grant  unto  any  person  or 
persons  whatsoever,  any  license  or  hcenses  to  hunt  within  the  said 
county  of  Albany,  or  to  the  eastward,  northward  or  westward,  so  far  as 
his  said  Majesty's  dominion  here  doth  or  may  extend,  without  the  con- 
sent and  approbation  of  tlie  Mayor,  Aldermen  and  CommontUty  of  the 
said  city  of  Albany,  for  the  time  being,  by  the  said  person  or  persons 
first  to  be  had  and  oblauied. 

May  purchase  lands,  etc. 

31.  And  fuktukh,  I  do,  by  these  presents,  for  his  said  Majesty,  and 
his  successors,  grant  to  the  said  Mayor,  Alderman  and  Commonalty  of 
the  said  city,  tliat  they  and  their  successors  be  forever,  persons  able  and 
capal)le,  and  shall  liave  power  to  purchase,  have,  take  and  possess  in 
fee  simple,  lands,  tenements,  rents,  and  other  possessions,  within  or 
•without  tiie  same  city,  to  tlicm  and  their  successors  forever,  so  as  the 


DoNGAN  Charter  of  tee  City  of  Albany.      25 

same  exceed  not  the  yearly  value  of  one  thousand  pounds  per  annum, 
the  statute  of  mortmain,  or  any  other  law  to  tlie  contrary  notwithstand- 
ing; and  the  same  lands,  tenements,  hereditaments  and  premises,  oi  any 
part  thereof  to  demise,  grant,  lease,  set  over,  assign  and  dispose  at  their 
own  will  and  pleasure,  and  to  make,  seal  and  accomplish  any  deed  or 
deeds,  lease  or  leases,  evidences  or  writings  for  or  concerning  tlie  same 
or  any  part  thereof,  which  shall  happen  to  be  made  and  granted  by  the 
said  Mayor,  Aldermen  and  Commonalty  of  the  said  cit}^  for  the 
time  being. 

Market  days. 

32.  And  further,  for  and  on  behalf  of  his  said  Majesty,  his  heirs 
and  successors,  I  do,  by  these  presents,  grant  to  the  said  Mayor,  Alder- 
men and  Commonalty,  that  they  and  their  successors  sliall  and  may 
forever  hereafter  hold  and  keep  within  the  said  city,  in  every  week  in 
the  year,  two  market  days,  the  one  upon  Wednesday,  and  the  other  upon 
Saturday,  weekly  forever. 

Public  ■weigh-house. — Right  to   lands  to   extend  to   low  water 
mark. 

33.  And  also,  I  do  b}'  these  presents,  for  and  on  behalf  of  his  said 
Majesty,  his  heirs  and  successors,  grant  to  the  said  Mayor,  Aldermen 
and  Commonalty  of  the  said  city,  that  they  and  their  successors  and 
assigns  shall  and  may  at  an}-  or  all  times  hereafter,  build  a  public 
weigh-house  in  such  part  of  the  said  city,  as  to  them  shall  seem 
convenient;  and  that  they  the  said  Mayor,  Aldermen  and  Com- 
monalty shall  and  may  receive,  perceive,  and  take  to  their  own 
proper  use  and  behoof  all  and  singular  the  issues  and  profits  therefrom 
or  thereby  arising  or  accruing;  as  also,  that  the  said  .Mayor,  Aldermen 
and  Commonalty  of  the  said  city  of  Albany,  their  heirs  and  successors, 
shall  and  may  at  any  time  or  times  hereafter,  when  it  to  them  shall 
seem  fit  and  convenient,  to  take  iu,  fill  and  make  up,  and  lay  out  all 
and  singular  the  grounds  and  lands  within  limits  and  precincts  of  the 
said  city,  and  the  same  to  build  upon  and  make  use  of  in  other  manner 
or  way  as  to  them  shall  seem  fit,  as  far  into  the  river  that  passeth  by 
the  same  as  low  water  mark  as  aforesaid. 

City  Court. 

34.  And  further,  for  and  on  behalf  of  his  said  Majesty,  his  heirs 
and  successors,  I  do,  by  these  presents,  give  and  grant  unto  the  afore- 
said Mayor,  Aldermen  and  Commonalty  of  the  said  city  of  Albany, 
and  their  successors,  that  they  and  their  succes.sors  shall  and  may  have, 
hold  and  keep  within  the  said  city,  liberties  and  precincts  thereof,  once 
every  fortnight  in  every  year  forever,  upon  Tuesday,  one  court  of 
common  pleas  for  all  actions  of  debt,  trespass  upon  tlie  case,  detinue. 


26      DoNGAN  Charter  of  the  City  of  Albany. 

ejectment,  aud  other  personal  actions,  and  the  same  to  be  held,  before 
the  Mayor,  Recorder  andjAldermen,  or  any  three  of  them,  (whereof  the 
Maj-or  or  Recorder  tc  be  one,)  who  shall  have  power  to  hear  and 
determine  the  same  pleas  and  actions,  according  to  the  rules  of  the 
common  law,  acts  of  the  General  Assembly  of  the  said  Province, 
and  the  course  of  other  corporations  in  the  like  nature. 

Mayor  to  determine  certain  actions. 

35.  Akd  fukther,  for  and  on  the  behalf  of  his  said  Majesty,  his 
heirs  and  successors,  I  do,  by  these  presents,  give  and  grant  to  the  said 
Mayor,  Aldermen  and  Commonalty  of  the  said  city  of  Albany,  their 
successors  forever,  that  the  Mayor  of  the  said  city  for  the  time  being, 
shall  and  may  determine  all  'and  all  manner  of  actions,  or  causes  what- 
soever, to  be  had,  moved  or  depending  between  party  and  party, 
so  always  as  the  same  exceed  not  the  value  of  forty  shillings,  current 
money  of  this   Province. 

Mayor,  etc.,  to  sit  in  courts. 

36.  And  fukthek,  for  and  on  behalf  of  his  said  Majesty,  his  heirs 
and  successors,  I  do  grant  to  the  said  Mayor,  Aldermen  and  Common- 
alty of  the  said  city,  and  their  successors  forever,  that  the  Mayor, 
Recorder  and  Aldermen  of  the  said  city  shall  always  be,  so  long  as 
they  shall  continue  in  their  respective  oflBces,  Justices  of  the  peace  for 
the  said  county,  aud  as  such  shall  and  may  sit  in  the  courts  of  sessions, 
or  county  courts,  and  courts  of  oj  er  and  terminer,  that  shall  from  time 
to  time  be  held  and  kept  witliin  the  said  county;  and  that  the  Mayor, 
Recorder,  or  some  one  of  the  Aldermen  of  the  said  city  for  the  time 
being,  shall  and  may  always  preside  in  or  be  president  of  such  county 
courts,  or  courts  of  sessions,  to  be  held  within  tlie  said  county  as  afore- 
said, and  that  the  SherifE  of  the  said  city  for  the  time  being,  shall 
always  he  SherifE  of  the  said  county;  also  that  the  Town  Clerk  of  the 
.said  city  for  the  time  being,  shall  always  be  the  clerk  of  the  peace,  and 
Clerk  of  the  court  of  Sessions,  or  county  courts  for  the  said  county. 

Former  grants  secured. — Proviso. 

37.  And  FUiiTirEii,  1  do,  for  and  on  behalf  of  his  said  Majesty,  liis 
heirs  and  successors,  by  these  presents  grant  to  the  said  Mayor,  Alder- 
men and  Commonalty  of  the  said  city  of  Albany,  and  their  successors, 
that  the  said  Mayor,  Aldermen  and  Commonalty  of  the  said  city,  and 
their  successors,  shall  have  and  enjoy  all  the  privileges,  franchises,  and 
power  tliat  they  liave  and  use,  or  tliat  any  of  their  predeces.sors,  at  any 
time  within  the  space  of  twenty  years  last  past,  had,  took,  or  enjoyed, 
or  ought  to  have  had,  by  reason,  or  under  pretense  of  any  further 
charter,  grant,  prescription,  or  any  otiicr  right,  custom  or  usage,  although 
the  same  have  been  forfeit  or  lost,   or  liath  been  ill  used,  or  not  used, 


DoNGAN  Charter  of  the  City  of  Albany.      27 

or  al)use(l,  or  discontinued,  albeit  they  be  not  particularly  therein, 
under  any  pretense  whatsoever,  not  only  for  their  future,  but  the 
present  enjoyment  thereof;  I'rovided  always,  That  the  said  privileges, 
franchises  and  powers  be  not  inconsistent  with,  or  repugnant  to,  the  laws 
of  his  Majesty's  kingdom  of  EnfjlanrJ  or  other  the  laws  of  the  General 
Assembly  as  aforesaid,  and  saving  to  his  heirs,  successors  and  assigns, 
and  his  Commander-in-Chief,  Lieutenants,  Governors  and  other  officers 
under  him  or  them  in  his  Fort  Albany,  in  or  by  the  city  of  Ai-bany, 
and  in  all  the  liberties,  boundaries,  extent  and  privileges  thereof,  for 
the  maintenance  of  the  said  fort  and  garrison  there,  all  the  right,  use, 
title,  and  authority,  wliicli  his  said  Majesty,  or  any  of  his  said  Com- 
manders-in-Cliief,  Lieutenants  and  other  officers  have  had,  used  or  exer- 
cised here  (excepting  the  said  pasture  hereinbefore  granted,  or  mentioned 
to  be  granted,  to  the  said  Mayor,  Aldermen  and  Commonalty  of  the  city 
of  Albany  aforesaid,)  and  saving  to  all  other  persons,  bodies  politic  and 
corporate,  their  heirs,  successors  and  assigns,  all  such  rights,  title  and 
claims,  possession,  rents,  services,  commons,  emoluments  and  interests, 
of,  in  and  to  anything  that  is  theirs,  save  only  the  franchises  as  aforesaid, 
in  as  ample  manner  as  if  this  charter  liad  not  been  made. 

Certain  lands  not  to  be  wasted. 

38.  Akd  fckther,  I  do  appoint  and  declare,  that  the  incorporation 
to  be  founded  by  this  charter  shall  not  at  any  time  hereafter  do  or  suffer 
to  be  done,  any  tiling  by  which  the  lands,  tenements  or  hereditaments, 
stock,  goods  or  chattels  thereof,  or  in  the  hands,  custody  or  possession 
of  any  of  the  citizens  of  the  said  city,  such  as  have  been  set,  let.  given, 
granted,  or  collected,  to  and  for  pious  and  charitable  uses,  shall  be 
wasted  or  misemployed,  contrary  to  the  trust  or  intent  of  the  founder 
or  giver  thereof.  And  that  such  and  no  other  construction  shall  be 
made  hereof,  than  that  which  may  tend  most  to  advance  religion,  justice, 
and  the  public  good,  and  to  suppress  all  acts  and  contrivances  to  be 
invented  or  put  in  use  contrary  thereto.  In  icitness  whereof,  I  have  to 
he.se  presents  set  my  hand,  and  thereto  have  affixed  the  seal  of  the  said 
Province,  and  caused  the  same  to  be  enrolled  in  the  Secretary's  office  of 
the  said  Province,  this  two  and  twentieth  day  of  Jt'li^,  in  the  second 
year  of  his  said  Majesty's  reign,  and  in  the  year  of  our  Lord  one  thou- 
sand six  hundred  and  eighty-.six. 

THOMAS  DONGAiSr. 


THE  CHARTER  OF  THE  CITY  OF  ALBANY. 


Chapter  29S,  Laws  of  1883. 

An  Act  to  provide  for  the  Governmeut  of  the  "  City  of  Albany." 
Passed  April  23,  1883,  three-fifths  being  present. 

TITLE  I.  , 

Title  and  General  Powers  op  Corporation. 
Title. 

Section  1.  The  corporation  now  existing  and  known  by  the 
name  of  the  "  City  of  Albany  "  shall  continne  to  be  a  body  politic 
and  corporate,  in  fact  and  in  name,  by  that  name,  and  shall  have 
perpetual  succession,  with  all  the  grants,  powers  and  privileges 
heretofore  had  by  the  said  "  The  City  of  Albany "  and  "  The 
Mayor,  Aldermen  and  Commonalty  of  the  City  of  Albany,"  and  be 
subject  to  all  the  restrictions  and  conditions  and  possess  all  the 
powers  of  municipal  'Corporations  under  and  by  virtue  of  the  gen- 
eral statutes  of  this  State. 

Property  rights. 

§  2.  The  coiTDoration  of  the  city  of  Albany  shall  continue  to 
own,  hold  and  possess  all  the  property,  rights,  privileges  and 
franchises  now  owned,  held  and  possessed  by  the  coi-poration 
heretofore  known  as  the  City  of  Albany,  and  the  mayor,  alder- 
men and  commonalty  of  the  city  of  Albany. 

Ferries. 

§  3.  The  right  of  ferry  granted  by  the  charter  of  the  said  city 
to  the  mayor,  aldermen  and  commonalty  thereof,  shall  be  so 
construed  as  to  vest  in  the  said  city  of  Albany  the  sole  and  exclu- 
sive right  of  establishing,  licensing  and  regulating  all  ferries  on 
eac-h  side  of  the  Hudson  river  leading  from  Greenbush  opposite 
the  east  bounds  of  the  original  four  wards  of  the  said  city  to  the 
said  city,  and  from  the  four  said  original  wards  of  the  said  city 
to   Greenbush. 


30  Charter  of  the  Cnr  of  Albany. 

TITLE  II. 

Boundaries  of  City  and  Wards. 
Boundaries  of  city. 

Section  1.  The  boundary  lines  of  the  city  of  Albany  shall  be 
as  follows:  BegiuuiDg  at  the  northwesterly  corner  of  the  east 
abutment  of  the  Albany  and  Susquehanna  railroad  bridge  over 
the  Albany  and  Bethlehem  tui-npike,  and  running  thence  north 
fifty-one  degrees  forty-six  minutes  west  true,  through  a  white 
marble  monument  about  twelve  hundred  feet  west  of  the  above- 
mentioned  abutment,  and  continuing  north  fifty-one  degrees  forty- 
six  minutes  west  true,  to  a  white  marble  monument  on  the  west 
line  of  Delaware  avenue;  thence  northerly  along  the  west  line  of 
Delaware  avenvie,  for  a  distance  of  seven  hundred  and  nine  and 
forty-five-hundredths  feet,  to  a  stone  monument;  thence  continu- 
ing along  the  west  line  of  Delaware  avenue  for  a  distance  of  six 
hundred  and  fifty  feet  to  a  white  marble  monument;  thence  north 
thirty-eight  degrees  fourteen  minutes  east  true,  for  a  distance  of 
fi.fteen  hundred  and  forty-one  and  eighty-three-hundredths  feet, 
to  a  white  mai'ble  monument;  thence  north  fifty-one  degrees  forty- 
six  minutes  west  true,  for  a  distance  of  about  seventy-three  hun- 
dred and  ninety  feet,  to  a  white  marble  monument;  thence  north 
thirty-eight  degrees  fourteen  minutes  east  true,  for  a  distance 
of  twenty-nine  hundred  and  seventyi  feet,  and  passing  through  a 
white  marble  monument  on  the  south  side  of  the  Albany,  Scho- 
harie and  Rensselaerville  plank-road,  to  a  white  marble  monu- 
ment, said  last-mentioned  monument  being  one  hundred  and 
thirty-two  feet  west  of  the  west  line  of  Allen  street;  thence  north 
fifty-one  degrees  forty-six  minutes  west  true,  to  the  intersection 
with  the  north  line  of  Western  avenue;  thence  north  thirty-eight 
degrees  fourteen  minutes  east  true,  for  a  distance  of  about  fifty- 
eight  hundred  and  sixty  feet,  to  the  old  north  city  line;  thence 
south  fifty-one  degrees  forty-six  minutes  east  true,  through  an 
old  sandstone  monument  marked  "Albany,  1800  S.  D,"  and  con- 
tinuing on  the  same  course  for  a  distance  of  about  one  hundred 
and  fifteen  feet  easterly  from  said  monument,  to  a  point  which 
is  three-quarters  of  a  mile  west  of  the  west  line  of  Allen  street; 
thence  north  thirty-eight  degrees  fourteen  minutes  east  true,  for 
a  distance  of  about  eight  hundred  and  seventy-six  feet,  to  a  white 
marble  monument;  thence  continuing  on  the  same  course  to  a  point 
about  twenty-two  hundred  and  fifty  feet  north  of  the  old  former 
north   line  of  the   city;   thence   south   fifty-one   degrees   forty-six 


Boundaries  of  City  and  Wards^  31 

minutes   east  true,   to   a  point  on  the  centre  line  of   Watervliet 
avenue,    wbicli  point   is   two   tliousand   feet  north   of   tlie   north 
line  of  Centi-al  avenue;   thence  north  thirty-eight  degrees  fourteen 
minutes  east  true,   for  a  distance  of  four  hundred  feet;  thence 
south  fifty-one  degrees  forty-six  minutes  east  true,  for  a  distance 
of  fourteen  hundred  and  fifty  feet;  thence  south  thirty-eight  degrees 
fourteen  minutes  west,  for  a  distance  of  four  hundred  feet;  thence 
south  fifty-one  degrees  forty-six  minutes  east  true,  to  a  point  on 
the  east  line  of  New  York  Central  avenue,  produced  northerly, 
which  point  is  about  twenty-three  hundred  feet  north  of  the  south 
line  of  Clinton  avenue;  thence  continuing  easterly  to  a  point  about 
on  the  east  line  of  Ontario  street,  produced  northerly,  which  point 
is  thirty-two  hundred  and  seventy  feet  north  of  the  south  line  of 
Clinton  avenue;  thence  north  thirty-eight  degrees  fourteen  min- 
utes east  true,  passing  through  a  white  marble  monument,  and 
continuing  on  the  same  course  to  a  point  which  is  sixty-six  hun- 
dred and    fifty  feet    north  of    the  south  line  of    Clinton  avenue; 
thence  south  fifty-one  degrees  forty-six  minutes  east  true,  through 
a   white  marble  monument,   and  continuing  on  the  same  course 
for  a  distance  of  about  six  hundred  and  ninety-seven  feet  to  a 
white    marble    monument;    thence    northerly    and    parallel     with 
Broadway  for  a  distance  of  sixteen  hundred  feet  to  a  white  mar- 
ble monument;  thenco  easterly  on  a  line  about  at  right  angles 
with  Broadway  through  a  monument  on  the  west  line  of  Broad- 
Avay  and  continuing  easterly  on  the  same  course  to  the  center  of 
the  main  channel  of  the  Hudson  river;  thence  southerly  and  con- 
tinuing through  the  center  of  the  main  channel  of  the  Hudson 
river   to   a   point   which,   measuring  at  right   angles  with   Quay 
street,  is  opposite  the  face  of  the  dock  on  the  south  side  of  the 
island  creek;    thence  westerly,  along  the  face  of  said  dock  and 
southerly  along  the  east  low-water  line  of  the  Island  creek,  to  a 
point  about   two   thousand   three   hundred   feet  from  the  north- 
westerly ■corner  of  the  east  abutments  of  the  Albany  and  Sus- 
quehanna railroad  bridge  over  the  Albany  and  Bethlehem  turnpike, 
measured  on  a  course  south  fifty-one  degrees,  forty-six  minutes 
east  true,  from  the  said  corner  of  said  abutment;  thence  north 
fifty-one  degrees,  forty-six  minutes  west  true,  for  a  distance  of 
about  two  thousand  three  hundred  feet,  to  the  said  comer  of  said 
abutment,   the  place  of  beginning.     All  territory   not  comprised 
within  the  limits  of  the  city  of  Albany  as  herein  described  shall 
be  regarded  as  being  within  the  limits  of  the  adjacent  townships. 
The  said  city  of  Albany  as  above  described  shall  hereafter  be 
divided  into  nineteen  wards  as  follows: 


32  Charter  of  the  City  of  Albany. 

The  First  Ward  lo  be  compreli ended  within  the  following 
limits,  namely:  Beginning  at  the  intersection  of  the  center  line 
of  Gansevoort  street  prolonged  to  the  east,  with  the  east  bounds 
of  the  city;  running  thence  westerly  along  the  centre  of  Ganse- 
voort street  and  its  easterly  prolongation,  to  the  center  of  Soutlh 
Pearl  street;  thence  northerly  along  the  center  of  South  Pearl 
street  to  the  center  of  Fourth  avenue;  thence  westerly  along  the 
center  of  Fourth  avenue  to  the  center  of  Elizabeth  street;  thence 
southerly  along  the  center  of  Elizabeth  street  to  the  center  of 
Thii'd  avenue:  thence  westerly  along  the  center  of  Tliird  avenue 
to  the  center  of  Hawk  street;  thence  northerly  along  the  center 
of  Hawk  street  to  the  center  of  Morton  street;  thence  westerly 
along  the  center  of  Morton  street  to  the  center  of  Delaware  ave- 
nue; thence  southerly  along  the  center  of  Delaware  avenue  to  the 
southernmost  boundarj  line  of  the  city;  thence  running  on  the 
last-named  line  easterly  to  the  east  low- water  line  of  the  Island 
creek;  thence  nonherly  and  easterly  along  said  low-water  line, 
and  along  the  face  of  the  dock  on  the  south  side  of  the  Island 
creek,  to  the  Hudson  river;  thence  at  right  angles  with  Quay 
street,  to  the  east  line  of  the  city;  thence  northerly  along  said 
city  line  to  the  place  of  Tjeginning. 

The  Second  Ward,  within  the  following  limits,  namely:  Begin- 
ning at  the  intersection  of  the  center  line  of  South  Pearl  street  and 
Fourth  avenue;  tlience  running  westerly  along  the  center  of  Fourth 
avenue  to  the  center  of  Elizabeth  street;  thence  southerly  along 
the  center  of  Elizabeth  street  to  the  center  of  Third  avenue;  thence 
westerly  along  the  center  of  Third  avenue  to  its  intersection  with 
the  southei'ty  prolongation  of  the  center  line  of  Eagle  street; 
thence  northerly  along  the  center  line  of  Eagle  street  and  its 
southerly  prolongation  to  the  center  of  Warren  street;  thence 
easterly  along  the  center  of  Warren  street  to  the  center  of  Grand 
street;  thence  northerly  along  the  center  of  Grand  street  to  the 
center  of  Arch  street;  thence  easterly  along  the  •center  of  Arch 
street  to  the  center  of  South  Pearl  street;  thence  southerly  along 
the  center  of  South  Pearl  street  to  the  center  of  Fourth  avenue, 
the  place  of  beginning. 

The  Third  Ward  within  the  following  limits,  namely:  Begin- 
ning at  the  intersection  of  the  center  line  of  Gansevooi't  street 
prolonged  to  the  east  with  the  east  line  of  the  city;  thence  run- 
ning westerly  along  the  center  of  Gansevoort  street  to  the  center 
of  South  Pearl  street;  thence  northerly  along  the  center  of  South 
Pearl  street  to  the  center  of  South  Ferry  street;  thence  easterly 


Boundaries  of  City  and  Wards.  33 

along  the  center  of  South  Ferry  street  to  the  center  of  Franklin 
street;  thence  northerly  along  the  center  of  Franklin  street  to 
the  center  of  Westerlo  street;  thence  easterly  along  the  center  of 
Westerlo  street  to  the  center  of  Church  street;  thence  southerly 
along  the  center  of  Church  street  to  the  •center  of  John  street; 
thence  easterly  along  the  center  of  John  street  to  the  east  bounds 
of  the  city;  thence  southerly  along  the  east  bounds  of  the  city  to 
its  intersection  with  the  easterly  prolongation  of  the  center  line 
of  Gansevoort  street,  the  place  of  beginning. 

The  Fourth  Ward,  within  the  following  limits,  namely:  Begin- 
ning at  the  intei-section  of  the  easterly  prolongation  of  the  center 
line  of  John  street  with  the  east  bounds'  of  the  city;  thence  run- 
ning westerly  along  the  center  of  John  street  and  its  easterly 
prolongation,  to  the  center  of  Church  street;  thence  northerly 
along  the  center  of  Church  street  to  the  center  of  Westerlo  street; 
thence  westerly  along  the  center  of  Westerlo  street  to  the  center 
of  Franklin  street;  thence  southerly  along  the  center  of  Franklin 
street  to  the  center  of  South  Ferry  street;  thence  westerly  along 
the  center  of  South  Ferry  street  to  the  center  of  South  Pearl 
street;  thence  northerly  along  the  center  of  South  Pearl  street 
to  the  center  of  Hudson  avenue;  thence  easterly  along  the  center 
'  of  Hudson  avenue,  and  through!  a  point  four  hundred  feet  north 
of  the  south  end  of  the  pier,  to  the  east  bounds  of  the  city;  thence 
southerly  along  the  east  bounds  of  the  city  to  its  intersection 
with  the  easterly  prolongation  of  the  center  line  of  John  street, 
the  place  of  beginning. 

The  Fifth  Ward,  within  the  following  limits,  namely:  Begin- 
ning at  the  intersection  of  the  center  line  of  Arch  street  with  the 
center  line  of  South  Pearl  street;  thence  running  westerly  along 
the  center  of  Arch  street  to  the  center  of  Grand  street;  thence 
southerly  along  the  center  of  Grand  street  to  the  center  of  War- 
ren street;  thence  westerly  along  the  center  of  Warren  street  to 
the  center  of  Eagle  street;  thence  northerly  along  the  center  of 
Eagle  street  to  the  center  of  Beaver  street;  thence  easterly  along 
the  center  of  Beavfr  street  to  the  center  of  South  Pearl  street; 
thence  southerly  along  the  center  of  South  Pearl  street  to  the  cen- 
ter of  Arch  street,  the  place  of  beginning. 

The  Sixth  Ward,  within  the  following  limits,  namely:  Begin- 
ning at  a  point  on  the  east  line  of  the  city,  and  opposite  a  point 
four  hundred  feet  north  of  the  south  end  of  the  pier;  thence  run- 
ning westerly  through  said  point  four  hundred  feet  north  of  the 
south  end  of  the  pier  and  along  the  center  of  Hudson  avenue  to 
3 


34  Charter  of  the  City  of  Albany. 

the  center  of  South  Pearl  street;  tlience  northerly  along  the  cen- 
ter of  Soutli  Pearl  street  to  the  center  of  Beaver  street;  thence 
westerly  along  the  center  of  Beaver  street  to  the  center  of  Eagle 
street;  thence  northerly  along  the  center  of  Eagle  street  to  the 
center  of  Canal  street:  thence  easterly  along  the  center  of  Canal 
street  to  the  center  of  Chapel  street;  thence  northerly  along  the 
center  of  Chapel  street  to  the  center  of  Clinton  avenue;  thence 
westerly  along  the  center  of  Clinton  avenue  to  the  center  of  Ten 
Broeck  street;  tlience  northerly  along  the  center  of  Ten  Broeck 
street  to  the  center  of  Livingston  avenue;  thence  easterly  along  the 
center  of  Livingston  avenue  and  its  easterly  prolongation  to  the 
east  bounds  of  the  city;  thence  southerly  along  the  east  bounds 
of  the  city  to  a  point  opposite  a  point  four  hundred  feet  north  of 
the  south  end  of  the  pier,  the  place  of  beginning. 

The  Seventh  Ward,  within  the  following  limits,  namely:  Begin- 
ning at  the  intersection  of  the  center  line  of  Clinton  avenue  with 
the  center  line  of  Ten  Broeck  street;  thence  running  westerly  along 
the  center  of  Clinton  avenue  to  the  center  of  Knox  street;  thence 
northerly  along  the  center  of  Knox  street  to  the"  center  of  Third 
street;  thence  easterly  along  the  center  of  Third  street  to  the  cen- 
ter of  North  Swan  street;  thence  northerly  along  the  center  of 
North  Swan  street  to  the  center  of  Livingston  avenue;  thence 
easterly  along  the  center  of  Livingston  avenue  to  the  center  of 
Ten  Broeck  street;  thence  southerly  along  the  ■center  of  Ten  Broeck 
street  to  the  center  of  Clinton  avenue,  the  place  of  beginning. 

The  Eighth  Ward,  within  the  following  limits,  namely:  Begin- 
ning at  the  intersection  of  the  center  line  of  Livingston  avenue 
with  the  center  line  of  Broadway;  thence  running  westerly  along 
the  center  of  Livingston  avenue  to  the  center  of  North  Swan 
street;  thence  southerly  along  the  center  of  North  Swan  street 
to  the  center  of  Third  street;  thence  westerly  along  the  center  of 
Third  street  to  the  center  of  Knox  street;  thence  northerly  along 
the  center  of  Knox  street  and  the  northerly  prolongation  thereof 
to  the  center  of  Patroon's  creek;  thence  easterly  along  the  center 
of  Patroon's  creek  to  the  center  of  Broadway;  thence  southerly 
along  the  center  of  Broadway  to  the  center  of  Livingston  avenue, 
the  place  of  beginning. 

The  Ninth  Ward,  within  the  following  limits,  namely:  Begin- 
ning at  a  point  in  the  east  bounds  of  the  city,  at  the  intersection 
with  the  easterly  prolongntion  of  the  center  line  of  Livingston 
avenue;  thence  westerly  along  the  center  line  of  Livingston  ave- 
nue and   its  easterly  prolongation  to  the   center  of  Broadway; 


Boundaries  of  City  and  Wards.  35 

theuce  northerly  aloug  the  center  of  Broadway  to  the  center  of 
Patroon's  creek;  thence  westerly  aloug  the  center  of  Patroon's 
creek  and  Tivoli  lake  to  a  point  opposite  the  angle  of  intersection 
of  the  boundary  lines  of  the  city  from  the  west  and  north; 
thence  northerly  and  easterly  along  the  said  boundary  line  of 
the  city  to  the  east  bounds  of  the  city;  thence  southerly  along  the 
east  bounds  of  the  city  to  the  intersection  with  the  easterly  pi-o- 
longation  of  the  center  line  of  Livingston  avenue,  the  place  of 
beginning. 

The  Tenth  Ward,  within  the  following  lirQits,  namely:  Begin- 
ning at  the  intersection  of  the  center  line  of  Clinton  avenue  with 
the  center  line  of  Lexington  avenue;  thence  running  southerly 
along  the  center  line  of  Lexington  avenue  to  the  center  of  Wash- 
ington avenue;  thence  easterly  along  the  center  of  Washington 
avenue  to  the  center  of  Lexington  avenue  to  the  south;  thence 
southerly  along  the  center  of  Lexingtoq  avenue  to  the  center  of 
State  street;  thence  westerly  along  the  center  of  State  street  to 
the  center  of  Western  avenue;  thence  westerly  along  the  center  of 
Western  avenue  to  the  center  of  Perry  street;  thence  northerly 
along  the  center  of  Perry  street  to  the  center  of  Clinton  avenue; 
tlience  easterly  along  the  center  of  Clinton  avenue  to  the  center 
of  Lexington  avenue,  the  place  of  beginning. 

The  Eleventh  Ward,  within  the  following  limits,  namely:  Begin- 
ning at  the  inter:?ection  of  the  center  line  of  Knox  street  with  the 
center  line  of  Clinton  avenue;  thence  running  westerly  along  the 
center  of  Clinton  avenue  to  the  center  of  Quail  street;  thence 
northerly  along  the  center  of  Quail  street  and  Quail  street  pro- 
longed to  the  center  of  Patroon's  creek;  thence  easterly  along  the 
center  of  Patroon's  creek  and  Tivoli  lake  to  a  point  in  the  center 
of  Knox  street  prolonged  to  the  north;  thence  southerly  along  the 
center  of  Knox  street  and  its  northerly  prolongation  to  the  center 
of  Clinton  avenue,  the  place  of  beginning. 

The  Twelfth  Ward,  within  the  following  limits,  namely:  Begin- 
ning at  the  int^rsection  of  the  center  line  of  Chapel  street  with 
the  center  line  of  Canal  street;  thence  running  westerly  along  the 
center  of  Canal  street  to  the  center  of  Eagle  street;  thence 
southerly  along  the  center  of  Eagle  street  to  the  center  of 
Spruce  street;  thence  westerly  along  the  center  of  Spruce  street 
to  the  center  of  Knox  street;  thence  southerly  along  the  center  of 
of  Knox  street  to  the  center  of  Elk  street;  thence  westerly  along 
the  center  of  Elk  street  to  the  center  of  Lexington  avenue;  thence 
northerly  along  the  center  of  Lexington  avenue  to  the  center  of 


36  Charter  of  the  City  of  Albany. 

Clinton  avenue;  tlience  easterly  along  the  center  of  Clinton 
avenue  to  the  center  of  Chapel  street;  thence  southerly  along  the 
center  of  Chapel  street  to  the  center  of  Canal  street,  the  place  of 
beginning. 

The  Thirteenth  Ward,  within  the  following  limits,  namely: 
Beginning  at  the  intersection  of  the  center  line  of  Eagle  street 
with  the  centei-  line  of  State  street  and  running  thence  westerly 
along  the  center  of  State  street  to  the  center  of  Lexington  ave- 
nue; thence  northerly  along  the  center  of  Lexington  avenue  to  the 
center  of  Washington  avenue;  thence  westerly  along  the  center  of 
Washington  avenue  to  the  center  of  Lexington  avenue  to  the 
north;  thence  northerly  along  thei  center  of  Lexington  avenue  to 
the  center  of  r:ik  street;  thence  easterly  along  the  center  of  Elk 
street  to  the  center  of  Knox  street;  thence  northerly  along  the 
center  of  Knox  street  to  the  center  of  Spruce  street;  thence 
easterly  along  the  center  of  SpruceJ  street  to  the  center  of  Eagle 
street;  thence  southerly  along  the  center  of  Eagle  street  to  the 
center  of  State  street,  the  place  of  beginning. 

The  Fourteenth  Ward,  within  the  following  limits,  namely: 
Beginning  at  the  intersection  of  the  center  line  of  Eagle  street 
with  the  center  line  of  Madison  avenue;  thence  running  westerly 
along  the  center  of  Madison  avenue  to  the  center  of  Dove 
street;  thence  northerly  along  the  center  of  Dove  street  to  the 
center  of  State  street:  thence  easterly  along  the  center  of  State 
street  to  the  center  of  Eagle  street;  thence  southerly  along  the 
center  of  Eagle  street  to  the  center  of  Madison  avenue,  the  place 
of  beginning. 

The  Fifteenth  Ward,  within  the  following  limits,  namely: 
Beginning  at  the  intersection  of  the  center  line  of  Eagle  street 
prolonged  southerly,  with  the  center  of  Third  avenue;  thence 
westerly  along  the  center  of  Third  avenue  to  the  center  of  Hawk 
street;  thence  northerly  along  the  center  of  Hawk  street  to  the 
center  of  Morton  street;  thence  westerly  along  the  center  of 
Morton  street  to  the  center  of  Delaware  avenue;  thence 
northerly  along  the  center  of  Delaware  avenue  to  the  center  of 
Park  avenue;  thence  easterly  along  the  center  of  Park  avenue  to 
the  center  of  Dove  street;  thence  northerly  along  the  center  of 
Dove  street  to  the  center  of  Madison  avenue;  thence  easterly  along 
the  center  of  Madison  avenue  to  the  center  of  Eagle  street;  thence 
southerly  along  the  center  of  Eagle  street  and  its  southerly  pro- 
longation to  the  center  of  Third  avenue,  the  plnce  of  beginning. 


Boundaries  of  City  and  Wards.  37 

The  Sixteenth  AVard,  within  the  following  limits,  namely: 
Beginning  at  the  intersection  of  the  center  line  of  Delaware  ave- 
nue with  the  center  line  of  Morton  street;  thence  running  southerly 
along  the  center  of  Delaware  avenue  to  its  intersection  with  the 
present  sotitherumost  boundary  line  of  the  city;  thence  northerly 
and  westerly  along  the  boundary  line  of  the  city  to  the  center  of 
Lake  avenue  prolonged  southerly;  thence  northerly  along  the  cen- 
ter of  Lake  avenue  prolonged  and  Lake  avenue  to  the  center  of 
Western  avenue;  thence  easterly  along  the  center  of  Western  ave- 
nue to  the  center  of  State  street;  thence  easterly  along  the  center 
of  State  street  to  the  center  of  Dove  street;  thence  southerly  along 
the  center  of  Dove  street  to  the  center  of  Park  avenue;  thence 
westerly  along  the  center  of  Park  avenue  to  the  center  of  Dela- 
ware avenue;  thence  southerly  along  the  center  of  Delaware  ave- 
nue to  the  center  of  Morton  street,  the  place  of  beginning. 

The  Seventeenth  Ward,  within  the  following  limits,  namely: 
Beginning  at  the  intersection  of  the  center  line  of  Quail  street 
with  the  center  line  of  Clinton  avenue;  thence  rtinning  northerly 
along  the  center  lir;.  of  Quail  street  and  Quail  street  prolonged 
to  the  center  of  Patroon's  creek;  thence  westerly  along  the  center 
of  Patroon's  creek,  to  a  point  opposite  the  angle  of  intersection 
of  the  boundary  lines  of  the  city  from  the  west  and  north;  thence 
northerly  to  said  angle;  thence  westerly  and  southerly  along  the 
boundaiy  line  of  the  city  to  the  center  of  Clinton  avenue  pro- 
longed westerly;  thence  easterly  along  the  center  of  Clinton  ave- 
I'.ue  and  the  westerly  prolongation  thereof  to  the  center  of  Quail 
street,  the  place  of  beginning. 

The  Eighteenth  Ward  within  the  following  limits,  namely: 
Beginning  at  the  intersection  of  the  center  line  of  Western  avenue 
with  the  center  line  of  Lake  avenue;  thence  running  southerly 
along  the  center  of  Lake  avenue  and  Lake  avenue  prolonged  to  the 
city  line;  thence  westerly  and  northerly  along  the  boundary  line 
of  the  city  to  the  center  of  Western  avenue;  thence  along  the 
center  of  Western  avenue  to  the  center  of  Lake  avenue,  the  place 
of  beginning. 

The  Nineteenth  Ward  witliin  the  following  limits,  namely: 
Beginning  at  the  intersection  of  the  center  line  of  Perry  street  with 
the  center  line  of  Western  avenue;  thence  running  westerly  along 
the  center  of  Western  avenue  to  the  westernmost  boundary  of  the 
city;  thence  northerly  and  easterly  along  the  boundary  line  of  the 
city,  and  easterly  along  the  center  line  of  Clinton  avenue  and 
the  westerly  prolongation  thereof  to  the  center  of  Perry  street; 


3585 1  .-i 


38  Charter  of  the  City  of  Albany. 

thence  southerly  along  the  center  of  Perry  street  to  the  center  of 
Western  avenue,  the  place  of  beginning. 

(As  amended  by  chapter  863,  Laws  of  1895.) 

TITLE    III. 

The  Legislative  Power. 
Legislative  Power. 

Section  1.  The  legislative  power  of  the  said  corporation  shall  be 
vested  in  a  board  of  aldermen,  who  shall  form  the  ■common  council 
of  the  city  of  Albany. 

Aldermen. —  Eligibility  to   OflB.ce. 

§  2.    The  board  of  aldermen  shall  consist  of  nineteen  members, 

one  alderman  to  be  elected  from  each  of  the  nineteen  wards  and 

for  a  citizen  to  be  eligible  for  election  to  the  office  of  alderman, 

he  shall,  at  the  time  of  his  election,  be  an  elector  of  said  city, 

and  shall  have  been  a  citizen  of  the  United  States  and  a  resident 

of  the  city  for  at  least  three  years,  and  a  resident  of  the  ward 

for  at  least  one  year  immediately  previous  thereto. 

(As  amended  by  chapter  286,  Laws  of  1891,  sec.  1;    chapter  171, 
Laws  of  1892,  sec.  1,  and  by  chapter  863,  Laws  of  1895,  sec.  2.) 

Election  of  Aldermen. 

§  3.  There  shall  be  chosen  by  the  electors  of  the  charter  election 
to  be  held  on  the  first  Tuesday  next  succeeding  the  first  Monday  of 
November,  eighteen  hundred  and  ninety-five,  and  at  the  charter 
election  to  be  held  on  the  same  day  in  every  second  year  thereafter 
one  alderman  for  each  of  the  nineteen  wards  to  hold  office  for  two 
fears.  Those  aldermen  who  were  elected  at  the  charter  election 
held  on  the  second  Tuesday  of  April,  eighteen  hundred  and 
ninety-four,  shall  hold  their  office  until  January  first,  eighteen 
hundred   and   ninety-six. 

(As  amended  by  chapter  863,  Laws  of  1895,  sec.  3.) 

Dfi&cial  term. 

§  4.  The  aldermen  hereafter  elected  shall  enter  upon  the  duties 
of  their  respective  offices  on  the  first  day  of  January  next  suc- 
ceeding their  election,  and  shall  hold  their  offices  as  herein- 
before i)rescribed. 

(As  amended  by  chapter  806,  Laws  of  1895,  sec.  1.) 


The  Legislative  Power.  39 

Continuance  in  office.— Resignations.— Vacancies.— Special  elec- 
tion to  fill  same. 
§  5.  The  members  of  the  Common  Council  shall,  unless  removed 
for  cause,  hold  office  until  their  places  are  supplied  by  the  election 
of  new  members,  who  shall  have  qualified  in  the  manner  provided 
for  by  this  act.  They  may  resign  their  respective  offices  at  any 
time  by  filing  written  notice  of  such  resignation  with  the  Clerls  of 
the  Common  Council,  who  shall  publish  a  copy  of  such  notice  in  the 
official  papers  of  the  said  city.  All  vacancies  which  may  occur  in 
said  Common  Council  by  reason  of  death,  removal,  or  resignation 
of  a  member  or  otherwise,  shall  be  filled  for  the  unexpired  term 
by  the  election  of  the  said  Common  Council,  to  be  determined  by  a 
majority  of  all  the  members  elected  thereto,  but  the  person  so 
elected  shall  hold  office  only  for  the  remainder  of  the  unexpired 
term.  In  case  a  majority  or  any  greater  number  of  aldermen  shall 
resign  so  as  to  leave  less  than  a  quorum  of  aldermen  in  office, 
the  Mayor  shall  then  call  a  special  election  to  supply  the  vacancy 
arising  in  each  ward  on  account  of  such  resignation.  The  election 
thus  called  shall  be  held  on  the  same  day  in  all  of  the  wards 
where  the  vacancies  shall  exist,  and  the  election  shall  occur  within 
four  weeks  after  such  vacancies  exist,  and  upon  notice  published 
in  the  official  papers  for  ten  days. 

(As  amended  by  chapter  28G,  Laws  of  1891,  sec.  2.) 

Quorum. 

§  G.  A  majority  of  the  aldermen  elected  shall  constitute  a  quo- 
rum, but  a  smaller  number  may  adjourn  from  time  to  time,  and 
compel  the  attendance  of  absent  members. 

President    of    Council.— Clerk    of    Council.— Assistant    Clerk.— 

Meetings  of  Council.— Powers  of  Council.— To   meet  at  call 

of  Mayor. 

§  7.  The  Common  Council  shall  biennially  elect  a  President  from 

its  own  body,  and  in  his  absence  a  President  for  the  time  being, 

and  biennially  appoint  its  Clerk,   who  shall  receive  a  salary  of 

two  thousand  five  hundred  dollars  per  annum,  payable  monthly, 

and  who  shall  perform  such  duties  as  may  be  prescribed  for  him. 

The  Clerk  so  appointed  shall  also  be  the  City  Clerk,  and  hold  his 

office  for  two  years,  unless  removed  for  cause  by  the  Common 

Council.    The  City  Clerk  shall  have  charge  of  all  the  papers  and 

documents  of  the  city,  except  as  in  this  act  otherwise  provided. 


40  Charter  of  the  City  of  Albany. 

and  except  as  are  by  law  committed  to  the  keeping  and  custody 
of  other  officers  of  the  city  government.  The  Clerli  of  the  Common 
Council  may  appoint  an  assistant  who  shall  hold  office  during  the 
pleasure  of  the  Clerk  of  the  Common  Council,  and  receive  a  salary 
of  one  thousand  dollars  per  annum,  payable  monthly.  The  Com- 
mon Council  shall  hold  a  regular  meeting  on  the  first  Tuesday  of 
January  in  each  year,  at  twelve  o'clock  noon,  for  the  transaction 
of  general  business,  and  the  receipt  of  the  mayor's  annual  mes- 
sage, and  thereafter  its  regular  meeting  shall  be  held  on  the  first 
and  third  Mondays  of  each  month,  and  it  may  hold  special  meet- 
ings at  such  other  times  as  it  may  choose,  at  the  Common  Council 
Chamber.  When  the  day  of  meeting  falls  on  a  legal  holiday, 
then  said  meeting  shall  be  held  on  the  Thursday  following.  It 
shall  determine  the  rules  of  its  own  proceedings,  except  as  herein 
otherwise  provided;  be  sole  judge  of  the  qualifications  and  elec- 
tion of  its  members;  keep  a  journal  of  its  proceedings,  and  may 
punish  or  expel  a  member  for  disorderly  conduct  or  a  violation  of 
its  rules,  or  declare  his  seat  vacated  by  reason  of  absence,  pro- 
vided such  absence  be  continued  for  the  space  of  two  months. 
But  no  expulsion  shall  take  place  except  by  the  vote  of  two- 
thirds  of  all  members  elected,  nor  until  the  delinquent  member 
shall  have  an  opportunity  to  be  heard  in  his  defense.  Said  Com- 
mon Council  shall  also  meet  at  the  call  of  the  Mayor,  whenever 
he  shall  deem  it  expedient  for  the  transaction  of  public  business. 

(As  amended  by  chapter  444,  Laws  of  1886;    by  chapter  286,  Laws 
of  1891,  sec.  3;    and  by  chapter  806,  Laws  of  1895,  sec.  2.) 

Committees,  when  to  report. 

§  8.  All  comuilttees  of  said  Common  Council,  to  whom  has  been 
referred  any  matter  relating  to  the  city,  shall  report  their  action 
on  the  same  at  the  next  regular  meeting  following,  but  it  shall 
be  imlawful  for  any  committee  to  repoi't  any  action  taken  or 
decision  made  by  it  on  the  day  on  which  such  action  is  taken  or 
decision  made.  The  Clerk  of  tlie  Common  Council  shall  be  the 
clerk  of  all  committees,  and  shall  have  the  custody  of  all  papers 
intrusted  to  them. 

When  laws,  etc.,  to  take  effect. — Proceedings  in  case  of  veto. 

§  9.  Every  law,  ordinance  or  resolution  of  the  Common  Council 
shall,  before  it  takes  effect  and  within  five  days  after  its  passage, 
be  sent  to  and  left  at  the  Mayor's  office,  duly  certified  by  the 
Clerk  of  the  Common  Council,  of  the  time  of  which  act  on  his 


The  Legislative  Power.  41 

part  the  Clerk  shall  make  a  record  in  a  book  to  be  kept  by  him 
for  that  purpose,  and  such  Clerk  shall  be  guilty  of  a  misdemeanor 
in  case  he  willfully  ueglects  for  a  longer  period  than  during  such 
five  days  to  deliver  any  such  law,  ordinance  or  resolution  at  the 
Mayor's  office.  If  the  :Mayor  approve  of  such  law,  ordinance  or 
resolution  he  shall  sign  it;  in  which  case  it  shall  take  efCect  as  here- 
inafter provided.  If  the  Mayor  does  not  approve  thereof,  he  shall 
return  it  with  his  objections,  and  file  it,  together  with  such 
objections,  with  the  Clerk  of  the  Common  Council  within  ten  days 
after  it  was  delivered  at  his  office.  The  said  Clerk  shall  at  the 
time  fixed  for  the  next  regular  meeting,  and  in  the  room  where 
such  meetings  are  authorized  to  be  held,  if  there  be  a  meeting  of 
the  Common  Council  at  such  time,  read  aloud  said  veto  or  objec- 
tions, and  enter  the  same  at  length  upon  the  journal  of  the  board; 
and  if  there  be  no  such  meeting,  then  the  clerk  shall  at  such 
time  and  place  announce  the  fact  of  such  veto  and  enter  the  same 
upon  the  journal  of  the  board,  and  within  three  days  after  said 
objections  are  so  entered,  or  such  announcement  made,  shall  cause 
such  objections  or  veto  to  be  published  one  time  in  the  corporation 
newspapers.  Unless  two-thirds  of  all  the  members  elected  to  the 
common  council  shall  at  the  time  designated  for  the  first  regular 
meeting  after  its  publication  (at  which  a  meeting  shall  be  held) 
vote  to  pass  said  law,  ordinance  or  resolution  notwithstanding  the 
objections  of  the  Mayor,  it  shall  not  take  effect.  If  said  two-thirds 
shall  so  vote  therefor  it  shall  take  effect  as  if  signed  by  the 
Mayor.  In  every  case  the  vote  shall  be  taken  by  ayes  and  noes 
and  be  enterd  on  the  journal.  And  if  any  law,  ordinance  or  resolu- 
tion shall  not  be  returned  by  the  Mayor  within  ten  days  after  it 
has  been  delivered  at  his  office  as  hereinbefore  provided  for,  it 
shall  become  a  law  and  take  effect  in  like  manner  as  if  he  had 
signed  it;  provided,  however,  that  if  the  Mayor  or  Clerk  of  the 
Common  Council  shall  within  such  ten  days  certify  in  wrtiting  to  that 
board,  that  owing  to  the  sickness  or  absence  from  the  city  of  the 
Mayor  he  has  been  unable  duly  to  consider  such  law.  ordinance 
or  resolution,  then  the  time  within  which  such  law,  ordinance  or 
resolution  may  be  vetoed  by  the  Mayor  shall  be  extended  for  ten 
days  more. 

When  laws,  etc.,  to  take  effect. — Publication  thereof. 

§  10.  All  laws,  ordinances  and  resolutions  shall  take  effect  upon 
their  being  signed  by  the  Mayor.  Every  law,  ordinance  and  reso- 
lution which  shall  take  effect  shall  be  published  once  within  five 
days  after  it  takes  effect,  in  the  corporation  newspapers. 


42  Charter  of  tee  City  of  Albany. 

Mayor  may  object  to  or  reduce  any  item  in  tax  budget. 

§  11.  The  Mayor  may  object  to  one  or  more  and  to  each  of  the 
items  of  the  annual  budget  to  be  prepared  as  hereinafter  provided 
for,  or  may  reduce  the  amount  thereof,  while  approving  of  the 
other  portions  of  the  budget.  In  such  case  he  shall  append  to  the 
resolution  of  the  Common  Council,  at  the  time  of  his  signing  it,  a 
statement  of  the  items  to  which  he  objects,  or  whichj  he  reduces 
in  amount,  and  any  item  so  objected  to  shall  not  take  effect,  or  if 
reduced,  it  shall  take  effect  only  to  the  amount  to  which  it  is 
reduced,  unless  approved  by  a  four-fifths  vote  of  the  Common 
Council  as  hereinafter  provided.  The  Mayor  shall  transmit  to  the 
Common  Council  a  copy  of  such  statement,  and  each  item  objected 
to  or  reduced  shall  be  separately  considered.  If,  on  such  considera- 
tion, one  or  more  of  such  items  be  approved  by  four-fifths  of  all 
the  members  elected  to  such  Common  Council,  the  same  shall  be 
part  of  the  annual  budget,  notwithstanding  the  objections  of  the 
Mayor.  This  section  shall  apply  to  the  appropriation  for  each  of 
the  city  boards  and  commissions,  and  for  all  other  purposes. 
(As  amended  by  chapter  28G,  Laws  of  1891,  sec.  4.) 

Common  Council  may  appoint  additional  o£ELcers. 

§  12.  The  Common  Council  shall  have  power  to  appoint  such 
officers  in  addition  to  those  created  by  this  act  as  it  shall  deem 
proper.  It  shall  prescribe  the  powers  and  duties  of  said  ofiicers 
and  regulate  their  salaries;  but  no  new  oflice  shall  be  created  or 
officer  appointed  unless  the  expense  thereof  has  been  speciflcaly 
provided  for  in  the  tax  budget  preceding  such  creation. 

Official  term. 

§  13.  All  officers  shall  continue  in  office  until  their  successors 
have  been  dulj'  appointed  and  qualified,  and  nothing  in  this  act 
shall  affect  the  term  of  office  of  any  existing  officer,  unless  other- 
wise specially  provided  in  this  act. 

Common  Council  to  be  commissioners  of  h.ig'hways. 

§  14.  The  Common  Council  are  hereby  constituted  and  made 
commissioners  of  highways  in  and  for  said  city,  and  shall  have 
power  to  make,  continue,  modify  and  repeal  such  laws,  ordinances, 
regulations  and  resolutions  as  maj'^  be  necessary  to  carry  into 
effect  any  and  all  of  the  powers  now  vested  in,  or  by  this  act 
conferred  upon,  the  coiiioration,  and  shall  have  power  to  enforce 
obedience  thereto  and  observance  thereof,  by  ordaining  penalties 


The  Legislative  Power.  43 

for  each  and  every  violation  tliereof,  in  such  sums  as  it  may  deem 
expedient,  not  exceeding  one  hundred  dollars;  and  shall  have 
power  to  make  such  ordinances  and'  prescribe  such  penalties  for 
their  violation  in  the  matters  and  for  the  purposes  following,  in 
addition  to  other  powers  elsewhere  specially  granted,  viz.: 

To  regulate  use  of  streets. 

1.  To  regulate  the  Use  of  the  streets,  highways,  roads  and  public 
places  by  foot-passengers,  vehicles,  railways  and  locomotives,  and 
by  such  permissive,  restrictive  or  prohibitory  ordinances  as  it 
deems  proper  to  regulate,  restrain  or  prohibit  the  use  and  occupa- 
tion of  markets  for  the  sale  of  meats,  or  fish  or  vegetables. 

Sidewalks. 

2.  To  regulate  the  use  of  side-walks,  building-fronts  and  house- 
fronts  within  the  stoop  lines. 

Obstructions. 

3.  To  prevent  and  remove  encroachments  upon  and  obstructions 
to  the  streets,  highways,  roads  and  public  places.  But  the  Com- 
mon Council  shall  have  no  power  to  authorize  the  placing  or 
(outiuuing  of  any  encroachments  or  obstructions  iipon  any  street 
or  sidewalk,  except  the  temporary  occupation  thereof  during  the 
erection  or  repair  of  a  building  on  a  lot  opposite  the  same. 

Opening  of  streets  to  tap  gas  main,  etc. 

4.  To  regulate  tlie  opening  of  street  surfaces,  the  laying  of  gas  or 
water  mains,  the  building  and  repairing  of  sewers,  and  the  erecting 
of  gas  or  other  lights. 

Numbering  of  houses  and  naming  of  streets. 

5.  To  regulate  the  numbering  of  the  houses  and  lots  in  the 
streets  and  avenues,  and  the  naming  of  the  streets,  avenues,  lanes, 
alleys,  courts  and  public  places,  provided  that  the  name  of  any 
street,  avenue,  lane,  alley,  court  or  public  place  shall  not  be 
changed  except  by  the  unanimous  vote  of  all  the  members  elected 
to  the  Common  Council,  approved  by  the  Mayor;  and  no  street, 
avenue,  lane,  alley,  court  or  public  place  shall  be  named  after  or 
with  the  name  of  any  living  person,  and  neither  the  whole  nor  any 
part  of  any  street,  avenue,  lane,  square  or  alley  shall  be  named  or 
designated  as  a  place.  Nor  shall  any  house  or  lot  be  renumbered, 
nor  the  name  of  any  street,  avenue  or  place  be  changed,  excepting 
between  the  first  days  of  January  and  May. 


44  Charter  of  the  City  of  Albany. 

Ashes,   etc. 

G.  To  regulate  or  prevent  the  throwing  or  depositing  of  ashes, 
offal,  dirt  or  garbage  in  the  streets,  drains,  sewers  and  vaults. 

Animals  running-  at  large. 

7.  To  n'gulale  or  prevent  animals  running  at  large,  or  being 
ridden,  or  drivmi  or  led  tlirongli  the  city. 

Sidewalks,   etc. 

8.  To  regulate  the  eleaning  of  the  streets,  side-walks  and  gutters, 
and  removing  ice,  hail  and  snow  from  them. 

Signs. 

9.  To  regulate  the  use  of  the  streets  and  side-walks  for  signs, 
sign-posts,  awnings,  awning-posts  and  horse-troughs. 

10.  To  provide  for  and  regulate  street  pavements,  cross-walks, 
curb-stones,   gutter-stones  and   side-walks. 

Criers,  etc. 

11.  To  regulate  public  criers,  advertising  noises  and  the  ring- 
ing of  bells  in  the  streets. 

Slaughter-houses. 

12.  To  regulate  the  erection,  use  and  continuance  of  slaughter- 
houses. 

lo.  In  relation   to  Ihe  cai'e  and  safe-keeping  of  city  property. 

14.  In  regard  to  tlu>  iclation  between  all  tlie  otheers  and 
employes  of  the  ct)rporation  in  respect  to  each  other,  the  corpora- 
tion and  the  people. 

15.  To  pass  general,  pt>rniissive.  restrictive  or  prohibitory 
ordinances. 

Vagrants. 

IC).   In  relation   to  strtH't    bi'ggars,   vagrants  and   mendicants. 

17.  In  relation  to  the  use  of  guns,  pistols,  hre-arms,  tire-crackers, 
fireworks  and  dt>touating  articles  of  all  description,  within  the  city. 

Storage  of  explosives. 

18.  In  relation  to  the  keoiiing  and  storage  of  gunpowder,  gun- 
cotton,  oils  and  otlu'r  (laugt>rous  materials,  and  ;ilso  to  prevent  the 
taking  and  si)n>ading  of  lires. 

19.  In  relation  to  intoxication,  lighting  and  iinarreling  in  the 
streets. 


The  Legislative  Power.  45 

Places  of  public  amusement. 

20.  In  i-elatiou  to  the  regulation  of  places  of  public  amusement 
■wliich  shall  be  licensed  by  the  Mayor  under  such  regulations  for 
the  safety  of  the  public  attending  them  as  the  Common  Council 
may  by  ordinance  determine,  and  on  the  report  of  the  Chief  of 
the  Fire  Department  that  any  such  place  is  unsafe  for  the  public 
gathering  therein,  by  reason  of  insufficient  means  of  exit  there- 
from, or  other  cause,  such  license,  after  notice  to  the  owner  or 
lessee,  may  be  revoked  by  the  Mayor,  and  no  new  license  shall 
be  granted  until  any  defect  in  the  construction  or  circumstances  of 
such  building  which  thus  rendered  it  unsafe  shall  be  remedied 
and  done  away  with. 

Advertisements. 

21.  In  relation  to  the  exhibition  of  advertisements  or  hand-bills 
along  the  streets. 

Nuisances. 

22.  In  relation  to  the  public  health,  and  the  prevention  and 
removal  of  nuisances,  the  regulation  and  prohibition  of  inter- 
ments, the  construction,  management  and  occupation  of  tenement- 
houses,  the  business  of  bone-boiling  or  bone-grinding,  operations 
or  occupations  obnoxious  to  health  or  comfort,  and  the  removal, 
keeping  and  deposit  of  manure,  and  also  to  provide  by  ordinance 
in  relation  to  buildings  rendered  unsafe  from  fire  or  other  causes, 
including  the  right  to  provide  for  the  immediate  pulling  down 
or  destruction  of  such  buildings,  and  the  temporary  closing  or 
obstructing  of  the  streets  rendered  dangerous  by  such  buildings. 

Disorderly  houses. 

23.  In  relation  to  disorderly  and  gaming-houses,  their  inmates 
and  frequenters,  and  suppression  of  vice  and  immorality. 

Vaults,   etc. 

24.  In  relation  to  the  construction,  repairs  and  use  of  vaults, 
cisterns,   areas,   hydrants,  pumps  and  sewers. 

Fences. 

25.  In  relation  to  partition  fences  and  walls. 

Pestilence. 

26.  In  relation  to  emergencies  of  riot,  pestilence  or  invasion. 


46  Charter  of  the  City  of  Albany. 

Markets,  docks,   etc. 

27.  In  relation  to  the  construction,  repairs,  care  and  use  of  the 
markets,  docks,  ^Yharves,  piers,  slips  and  squares  of  the  city 
(Washington  park  and  such  other  city  parks  as  are  under  the 
care  and  control  of  the  Washington  park  commissioners  excepted). 

Licenses. 

28.  In  relation  to  the  licensing  and  business  of  public  cartmen, 
truckmen,  hackmen,  cabmen,  expressmen,  ash  gatherers,  boatmen, 
pawnbrokers,  junk  dealers,  hawkers,  employment  bureaus  or 
agencies,  peddlers,  venders,  bootblacks,  bill  posters,  auctioneers, 
keepers  of  billiard-rooms,  bowling  alleys,  shooting  galleries  and 
common  shows,  rag  dealers,  dealers  in  old  clothes,  old  metals, 
wastes,  brokers  and  the  keeping  of  dogs. 

(As  amended  by  chapter  64,   Laws  of  1S90,   sec.  1.) 

Weights  and  measures. 

29.  In  relation  to  the  inspection  and  sealing  of  weights  and 
measures,  and  enforcing  the  keeping  and  use  of  proper  weights 
and  measures  by  venders. 

Election  regulations. 

30.  In  relation  to  the  notification,  regulation  and  protection  of 
all  elections  for  city  offices. 

31.  In  relation  to  the  alms-house. 

32.  In  relation  to  peace  and  good  order. 

Penalties,   collection. 

33.  In  relation  to  the  mode  and  manner  of  suing  for,  collecting 
and  disposing  of  the  penalties  provided  for  a  violation  of  all 
city  laws  and  ordinances,  and  of  all  State  laws,  except  where 
otherwise  specially  provided. 

Vehicle  licenses. 

.34.  The  Common  Council  shall  have  power  to  enact  ordinances, 
licensing  and  regulating  the  use  of  all  vehicles  in  the  city  of 
Albany,  of  whatever  name,  kind  or  nature,  which  are  drawn  by 
animal  power,  in  the  streets  of  said  city,  or  of  any  class  or 
classes  of  them  (excepting  the  cars  on  the  horse  railroads  in  the 
city),  and  in  granting  such  license  shall  exact  and  receive  not 
less  than  one  dollar  nor  more  than  five  dollars  for  each  vehicle. 
All  moneys  thus  received  shall  be  paid  over  to  the  Chamberlain 
of  the  city,  and  be  by  him  credited  to  the  street  contingent  fund. 


The  Legislative  Power.  47 

Enforcing  legislative  powers. 

35.  And  for  carrying  into  effect  and  enforcing  any  of  the  legis- 
lative powers,  privileges  and  rights  at  any  time  hereafter  granted 
and  bestowed  upon  or  possessed  by  the  said  corporation. 

Not  to  affect  powers  of  Board  of  Health. 

36.  This  act  shall  not  in  any  manner  affect  the  powers,  duties, 
rules,  ordinances  or  regulations  of  the  Board  of  Health  in  Albany, 
as  they  exist  under  any  law  of  the  State. 

Proceedings  upon  violation  of  ordinances. 

37.  Suits  may  be  prosecuted  in  the  -corporate  name  of  the  city 
against  any  person  or  persons  who  shall  violate  any  provisions 
of  any  law,  ordinance  or  regulation  of  the  Common  Council  of 
said  city,  or  who  shall  neglect  or  refuse  to  perform  any  act  or 
duty  thereby  required  of  him  or  them;  and  in  every  such  action 
it  shall  be  sufficient  to  state  in  the  complaint,  the  by-laws,  ordi- 
nance or  regulation,  and  the  section  thereof,  upon  which  such 
action  is  brought;  and  proceedings  for  any  violation  of  the  ordi- 
nances of  the  city  imposing  a  penalty,  may  be  commenced  by 
warrant  for  the  arrest  of  the  offender  as  well  as  by  summons,  to 
be  issued  by  any  magistrate  or  court  having  jurisdiction  in  the 
case,  before  whom  complaint  shall  be  made  under  oath,  and 
every  Police  Justice  in  said  city,  and  the  City  Court  of  Albany, 
shall  have  jurisdiction  in  all  such  cases. 

(Added  by  chapter  286,   Laws  of  1891,   sec.  5.) 

Election  districts. 

§  15.  The  Common  Council  shall  have  power,  by  resolution, 
whenever  for  any  cause  it  shall  be  necessary  so  to  do,  to  change 
the  boundaries  of  election  districts  or  to  establish  new  election 
districts,  provided  that  each  such  district  shall  be  wholly  within 
one  ward  of  the  city,  and  shall  contain  no  more  voters  than 
provided  by  law,  but  no  such  resolution  shall  take  effect,  if 
passed,  within  four  months  before  the  date  of  any  general  or 
city  election. 

(As  amended  by  chapter  2S6,   Laws   of  1891,   sec.   6;    by  chapter 
171.  Laws  of  1892,  sec.  2;    and  by  chapter  806,  Laws  of  1895,  sec.  3.) 

Journal  to  be  printed  and  distributed. 

§  16.  The  journal  of  the  Common  CouncU  shall  be  printed  under 
the  direction  of  its  Clerk,  and  be  distributed  under  the  direction 
of  its  Clerk,  by  the  City  Marshal,  within  eight  days  after  each 


48  Charter  of  the  City  of  Albany. 

meeting  of  the  Commou  Council,  to  the  Mayor  of  the  city  and 
to  each  member  of  the  Common  Council,  and  to  each  head  of  a 
department.  Such  printing  and  the  binding  of  the  journal  shall 
be  done  at  a  price  not  exceeeding  the  ordinary  rates  paid  for 
such   work. 

Journal  of  Council;  additional  copies  to  be  indexed  and  bound. 
— Beport,  etc.,  in  second  volume. — Extra  reports. 
§  17.  In  addition  to  the  number  of  copies  of  such  journal  that 
may  be  required  by  the  Clerk  of  the  Common  Council  for  the  dis- 
tribution herein  provided  for  there  shall  be  printed  not  exceeding 
five  hundred  copies,  which  shall  be  kept  by  said  printer  or  Clerk 
in  some  safe  place;  and  immediately  after  the  first  day  of  Janu- 
ary in  each  year  such  copies  for  the  preceding  year  shall  be  prop- 
erly indexed  and  bound,  under  the  direction  of  the  Clerk  of  the 
Common  Council,  in  two  separate  volumes;  one  shall  contain 
the  minutes  of  the  several  meetings  of  the  Common  Council, 
exclusive  of  the  annual  message  of  the  Mayor  and  the  annual 
reports  of  the  several  departments,  commissions  and  boards,  and 
of  other  officers  of  the  city  required  by  law  to  render  a  report 
to  the  Common  Council;  and  the  second  volume  shall  contain  such 
annual  message  and  reports.  And  such  annual  message  and 
reports  shall  not  be,  nor  shall  any  communication  from  said 
departments,  commissions  or  boards  be  printed  or  published  other- 
wise, or  made  public,  except  as  provided  in  this  act.  Said  second 
volume  shall  also  contain  a  list  of  city  officers,  committees  and 
other  prefatory  matter  to  be  prepared  by  the  Clerk,  all  ordi- 
nances adopted  in  pursuance  of  section  fourteen  of  this  title  dur- 
ing the  current  year,  and  also  all  amendments  to  the  charter  of 
the  city,  and  other  laws  and  amendments  to  laws  relating  exclu- 
sively to  the  city  of  Albany  enacted  by  the  Legislature  during 
such  year,  and  the  same  shall  be  distributed  under  the  direction 
of  the  Clerk  of  the  Common  Council;  this  provision  shall  not, 
however,  prevent  any  such  board  or  commission  from  obtaining, 
at  an  expenditure  to  be  made  out  of  the  appropriation  made  in 
the  annual  tax  budget  for  said  board  or  commission  respectively, 
an  extra  number  of  the  reports  of  said  board  or  commission 
respectively,  in  pamphlet  form;  but  the  number  of  said  reports 
so  obtained  for  each  board  or  commission  shall  not  exceed  five 
hundred. 

(As  amended  by  chapter  114.  Laws  of  1889,   sec.  1;    by  chapter 
286,  Laws  of  1891,  sec.  7;    and  by  chapter  171,  Laws  of  1892,  sec.  3.) 


The  Legislative  Power.  49 

Sale  of,  to  taxpayers. 

§  18.  Upon  payment  of  ten  dollars  to  the  Chamberlain  of  the 
city,  any  taxpayer  may  have,  for  one  year,  a  printed  copy  of 
the  jom-nal  of  the  Common  Council,  and  the  printed  minutes  of 
the  Board  of  Contract  and  Apportionment,  and  of  the  printed 
bills  hereinafter  mentioned,  as  they  are  from  time  to  time  dis- 
tributed (and  at  the  times  herein  prescribed  for  their  delivery 
to  the  members  of  the  Common  Council),  delivered  to  him  by 
the  City  Marshal  at  some  place  to  be  designated  by  him,  and 
within  one-quarter  of  a  mile  from  the  place  in  which  the  Common 
Council  holds  its  meetings,  and  it  shall  be  the  duty  of  the  Clerk 
of  the  Common  Council  and  the  Clerk  of  the  Board  of  Contract 
and  Apportionment  to  furnish  the  City  Marshal  with  copies  for 
that  purpose. 

Commissioners  of  deeds. 

§  19.  The  Common  Council  shall  appoint  on  the  joint  nomina- 
tion of  the  Mayor  and  Corporation  Counsel  persons  to  act  as 
Commissioners  of  Deeds;  the  number  .shall  at  no  time  exceed 
three  hundred,  and  they  may  discharge  the  duties  thereof  at  any 
place  within  the  county  of  Albany.  The  Common  Council  may, 
by  ordinance,  provide  for  the  terms  of  office  of  the  Commissioners 
of  Deeds.  The  Commissioners  of  Deeds  now  in  office  shall  con- 
tinue to  act  as  such  until  January  tenth,  eighteen  hundred  and 
eighty-five. 

Official  papers. 

§  20.  At  the  first  meeting  of  the  said  Common  Council  to  be 
held  after  such  Common  Council  shall  be  elected,  it  shall,  by 
ballot,  designate  three  daily  newspapers  in  said  city,  at  least 
one  of  which  shall  be  an  evening  paper,  to  be  the  official  papers 
of  the  city  of  Albany.  Each  member  of  the  said  Common  Council 
shall  be  entitled  to  vote  for  one  of  said  papers,  and  the  three 
papers  having  the  highest  number  of  votes  shall  be  termed  and 
designated  and  be  the  official  papers  for  two  years  and  until 
others  are  designated;  such  papers  shall  publish  all  ordinances 
and  other  matters  required  by  law  or  by  the  ordinances  of  the 
city  to  be  published;  and  it  shall  not  be  lawful  for  said  Common 
Council,  or  any  city  officer,  to  pay  or  authorize  the  payment  to 
any  other  than  the  official  papers  for  any  advertisement  whatso- 
ever.   In  case  any  paper  shall  refuse  to  accept,  resign  or  fail  to 

4 


50  Charter  of  the  City  of  Albany. 

perform    the  duties    of    such    employment,    the    Common    Council 
may  appoint  another  paper  in  its  place. 

Present  papers  to  be  until  others  are  designated. 

§  21.  Should  the  Common  Council  at  its  first  meeting  fail  to 
designate  the  official  papers  as  herein  required,  the  then  present 
official  papers  shall  continue  as  such  until  others  are  appointed. 

Unsafe  buildings  may  be  ordered  taken  down. 

§  22.  Whenever,  in  the  opinion  of  the  Common  Council,  any 
building,  fence  or  any  erection  of  any  kind,  or  any  part  thereof, 
is  liable  to  fall  down  and  endanger  persons  or  property,  it  may 
by  resolution  order  any  owner  or  occupant  of  the  premi.'ies  on 
which  such  building,  fence  or  erection  stands,  after  notice  shall 
have  been  given  to  him  in  such  manner  as  the  Common  Council 
shall  direct,  to  take  down  the  same,  or  any  part  thereof,  or  to 
repair  or  strengthen  and  make  safe  the  same  as  it  may  direct 
and  within  such  time  as  it  may  direct;  in  case  the  same  is  unoc- 
cupied and  the  owner  cannot  be  ascertained,  it  may  direct  a  notice 
to  be  published  in  the  official  papers  of  said  city  for  such  time, 
not  less  than  two  nor  more  than  ten  days,  as  may  be  proper, 
requiring  its  removal  or  repair  Avithiu  a  time  to  be  specified;  and 
in  case  the  order  be  not  complied  with,  and  said  Common  Council 
shall  have  determined  that  the  same  should  be  taken  down, 
repaired  or  strengthened,  or  made  safe,  the  Street  Commissioner 
of  said  city,  or  any  person  or  persons  duly  authorized  by  him, 
shall  cause  the  direction  of  the  Common  Council  to  be  complied 
with  at  the  expense  of  the  owner  of  the  premises,  and  for  the 
purpose  of  such  removal  and  repair  may  reasonably  and  tempo- 
rarily enter  upon  any  adjoining  premises  and  use  the  same  in 
doing  the  work  necessary  and  required  in  the  taking  down  or 
repairing  aforesaid,  and  the  Board  of  Contract  and  Apportion- 
ment shall  assess  and  apportion  such  expense  on  the  land  on 
which  such  building,  fence  or  erection  stood,  in  the  manner  here- 
inafter provided  for  in  assessing  and  apportioning  the  expense 
of  repairs  to  streets  and  pavements,  and  any  damage  sustained 
by  reason  of  the  entry  on  such  adjoining  premises  for  the  pur- 
pose aforesaid  shall  be  ascertained,  fixed  and  determined  by 
said  Board  of  Contract  and  Apportionment,  and  be  a  charge 
against  and  assessed  upon  the  land  upon  which  such  fence,  build- 
ing or  erection  stood,  and  be  assessed  and  apportioned  in  the 
manner  hereinafter  specified. 


The  Legislative  Power.  51 

Street  Commissioner  to  report  unsafe  buildings. 

§  23.  It  shall  be  the  duty  of  the  Street  Commissioner  to  report 
to  the  Common  Council  at  once  whenever  any  building,  fence  or 
any  erection  of  any  kind  shall  be  liable  to  fall  and  endanger  per- 
sons or  property,  and  to  give  notice  to  the  owner  in  such  manner 
as  the  Common  Council  may  direct,  that  action  will  be  taken  by 
the  Common  Council  in  respect  thereto. 

Laying  out,  etc.,  of  streets. 

<:  24.  The  Common  Council  shall  possess  the  power  of  directing 
and  regulating  the  laying  out,  opening,  extending,  straightening, 
widening  or  altering  any  street,  road,  avenue,  lane,  alley,  court, 
jiark,  square,  wharf  or  slip  in  said  city,  except  where  jurisdiction 
in  and  over  the  premises  Is  given  by  law  to  the  Wasliington  I'ark 
Commissioners. 

Street  improvements,  Council  may  order. — Sprinkling. — Repair- 
ing sewers. — Fencing  vacant  lots. — Street  cleaning. — Assess- 
ment of  expense. — Grades  to  be  fixed  and  sewers  laid  before 
pavement  of  streets. — Sand  foundations. — Public  sewers  by 
contract. 

§  25.  It  shall  be  lawful  for  the  said  Common  Council  to  order 
and  direct  the  reducing,  excavating,  tilling,  leveling,  pitching, 
grading,  planking,  paving,  repavlng,  macadamizing,  or  covering 
with  stone,  wood,  gravel,  sand  or  other  material,  any  of  the 
streets,  sidewalks,  wharves,  docks,  or  roads,  avenues,  open  coiu'ts, 
squares,  places,  alleys  or  lanes  in  said  city,  or  the  altering,  repav- 
ing,  repairing  or  regrading  of  the  same,  and  to  order  the  whole 
or  any  part  of  any  street  or  avenue  in  said  city  to  be  sprinkled 
with  water  for  such  time  as  they  shall  deem  proper,  and  to  order 
and  direct  the  making,  repairing  or  cleansing  of  common  sewers. 
vaults  or  drains  in  any  street,  road,  avenue,  place,  open  court, 
alley,  lane  or  lot.  or  any  private  drain  leading  from  any  house  or 
lot.  and  the  making  or  repairing  any  bridge  or  bridges,  arch  or 
arches  over  any  stream  or  run  of  water  in  said  city,  and  the 
excavating,  filling,  reducing,  leveling  or  fencing  in  any  vacant 
lot  or  lots  in  said  city,  and  to  order  the  digging,  making  and  fill- 
ing in  of  wells  and  pumps  in  any  public  street  or  road  in  said 
city,  and  the  cleansing  of  sidewalks,  gutters  and  streets  in  front 
of  all  lots  in  said  city  from  snow  and  from  all  dirt,  filth  and 
other  obstructions  or  Incumbrances,  so  as  to  permit  citzens  to  use 
the   sidewalks   and  streets  in  an   easy   and   convenient  manner; 


52  Chaster  of  the  City  of  Albany. 

and  the  same  shall  be  completed  under  the  direction  of  the  said 
city,  within  such  time  as  to  them  shall  seem  proper,  and  for  any 
of  the  improvements  or  work  ordered  as  aforesaid,  it  shall  be  the 
duty  of  the  Board  of  Contract  and  Apportionment  to  estimate, 
apportion  and  assess  the  same  and  the  expense  thereof  as  pro- 
vided in  this  act;  but  no  street  or  avenue  shall  be  paved,  nor  shall 
any  sidewalk  be  paved  until  the  level  thereof  shall  be  fixed  by 
law,  and  the  same  shall  be  graded  in  ac-cordance  with  said  level, 
nor  shall  any  street  be  paved  until  a  sewer  shall  have  been  laid 
therein,  either  under  the  carriageway  or  sidewalk;  such  sewer 
to  be  composed  and  constructed  of  bricks  laid  in  cement  or  earthen 
pipe  with  ■cement  joints  (whenever  in  the  opinion  of  the  Common 
Council  an  earthenware-pipe  sewer  is  sufficient  and  proper  for  the 
locality),  with  suitable  man-holes  or  lamp-holes  and  covers,  having 
also,  where  the  sewer  is  under  the  carriageway,  earthen-pipe  side 
house  drain  connections,  laid  with  cemented  joints,  on  each  side 
of  said  sewer,  at  such  distances  as  may,  in  the  opinion  of  the 
Board  of  Contract  and  Apportionment,  afford  drainage  to  all 
houses  and  vacant  lots,  and  said  earthen  pipe  side  sewers  shall 
be  at  least  six  inches  in  diameter  and  constructed  and  carried  up 
to  the  curb  lines  and  one  foot  inside  of  the  same,  provided  that 
such  lateral  house  drains  shall  not  be  laid  at  the  time  of  the  con- 
struction of  the  sewer,  except  where  the  streets  have  been  graded, 
and  unless  the  Board  of  Contract  and  Apportionment  shall  approve 
of  such  construction.  And  no  pavement  of  any  carriageway  or 
curbstone  where  the  same  is  to  be  laid  on  a  sand  foundation,  shall 
be  laid  or  set  unless  there  is  at  least  one  foot  of  clean,  course 
sand  thereunder,  and  no  public  sewer  affording  drainage  for  more 
than  one  house  or  vacant  lot  shall  be  laid  otherwise  than  by  virtue 
of  a  contract  awarded  by  the  Board  of  Contract  and  Apportion- 
ment. 

(As  amended  by  chapter  l^i,   Laws   of  1891,   sec.  8.) 

Protection  of  school  lots. 

§  26.  The  Common  Council  of  said  city  shall  have  the  power  to 
pass  such  ordinances  as  it  may  deem  proper  and  necessary  for 
the  protection  of  the  several  school  lots  under  the  control  of  the 
Board  of  Public  Instruction  of  said  city,  and  to  prevent  trespass- 
ing thereon,  and  to  impose  proper  penalties  for  the  violation 
thereof. 

f  27.  (Repealed  by  chapter  286.  Laws  of  1891,  §  37.) 


Restrictiojss  Up  ox  Powers  Herein  Givex.       53 

ReSTKH-TIONS    UPON"    THE    PoWERS    HeREES'    GiVE>. 

Members  of  Common  Council  or  other  officers  not  to  be  inter- 
ested in  any  contract,  or  in  furnishing  material,  etc. 
§  28.  No  member  of  the  Common  Council  or  city  officer  shall  be 
interested  in  any  contract  in  which  the  city  is  a  party,  directly  or 
indirectly,  either  as  principal  or  surety  in  such  contract,  nor  shaU 
any  member  of  the  Common  Council,  city  officer  or  member  of  any 
city  board  ur  commission,  or  salaried  employe  thereof,  or  his  part- 
ner, or.any  agent,  servant  or  employe  of  such  member,  officer  or 
commissioner,  or  of  the  firm  of  which  he  is  a  partner,  or  of  his 
partner,  purchase  from,  or  sell  to  the  city,  or  any  officer  thereof, 
any  real  or  personal  property,  for  the  use  of  the  city  or  the  alms- 
house therein,  or  any  board  or  officer  thereof  as  such,  or  be  inter- 
ested, directly  or  indirectly,  in  any  contract  with  the  city  or  in  any 
sale  to  or  from  said  city,  or  to  its  officers,  and  no  member  of  the 
Common  Council  shall  hold  any  office  in  the  gift  of  the  Mayor 
or  the  Common  Council.  The  above  provisions  shall  apply  to  the 
Mayor  and  all  other  officers  and  clerks  of  said  city,  and  of  any 
board  or  commission  thereof  elected  or  appointed.  But  nothing 
herein  contained  shall  be  so  construed  as  to  prevent  any  officer 
of  said  city  from  holding  the  office  of  Commissioner  of  Deeds, 
but  no  officer,  commissioner  or  employe  of  the  city  shall  be  eligible 
to  or  hold  the  office  or  position  of  inspector  of  elections  or  poll 
clerk. 

Ordinances  for  original  street  improvements  to  be  passed  only 
upon  petition. — Proceedings  thereunder. — Objections  thereto. 
§  29.  No  law  or  ordinance  shall  be  passed  by  the  Common  Coun- 
cil for  the  original  excavating,  filling,  forming,  paving,  curbing  or 
flagging  any  street,  avenue,  court  or  alley,  or  any  part  thereof, 
unless  a  petition  shall  have  been  presented  to  the  Common  Council, 
duly  acknowledged  by  the  several  petitioners,  or  their  duly  author- 
ized attorneys,  asking  for  the  same,  signed  by  one  or  more  per- 
sons, owning  not  less  than  one-third  of  the  number  of  feet  fronting 
both  sides  of  that  portion  of  the  street  avenue,  court  or  alley  to 
be  improved,  as  shall  appear  by  the  last  annual  tax-rolls  on  file 
in  the  office  of  the  Receiver  of  Taxes,  of  which  fact  the  certificate 
of  the"  City  Engineer  shall  be  conclusive  evidence.  After  the  pre- 
sentation of  such  petition,  duly  acknowledge!,  and  by  the  City 
Engineer  duly  certified,  a  notice  of  such  proposed  law  or  ordi- 
nance shall  be  published  by  the  Clerk  of  the  Common  Council, 


54  Charter  of  the  City  of  Albany. 

for  ten  days,  in  the  official  newspapers,  before  its  final  passage, 
stating  the  kind  of  work  and  the  limits  of  such  improvements, 
as  near  as  may  be  embraced  in  said  law  or  ordinance,  and  invit- 
ing parties  interested  therein  to  present  their  objections,  in  writing, 
if  any,  thereto,  and  no  law  or  ordinance  for  the  laying  and  con- 
struction of  any  public  drain  or  sewer  or  plauk-walk  in  any  of  the 
streets,  roads,  avenues,  public  places  or  public  courts  of  said  city 
shall  be  passed  by  the  Common  Council  until  a  notice  of  such  pro- 
posed law  or  ordinance  shall  be  published  in  the  manner  and  form 
provided  iu  this  section. 

(As  amended  by  chaper  286,  Laws  of  1891,  sec.  9,  and  by  chapter 
171,   Laws  of  1892,   sec.   4.) 

Repaveinent. — ^Repavement  without  petition. — Provisions  appli- 
cable thereto. 

§  30.  No  street,  avenue  or  public  place  in  the  city  of  Albany 
which  has  been  once  paved  with  granite  block,  vitrified  paving 
brick  or  Trinidad  asphalt  pavement,  and  the  expense  thereof  paid 
for  by  the  owners  of  adjoining  property,  by  assessment  or  other- 
wise, shall  hereafter  be  repaved  with  any  other  and  different 
materials  at  their  expense  unless  such  paving  or  repaving  be 
petitioned  for  by  one  or  more  persons  owning  not  less  than  one- 
half  the  number  of  feet  fronting  both  sides  of  that  portion  of  the 
street,  avenue  or  public  place  to  be  so  paved  or  repaved  as  shall 
appear  by  said  tax-rolls,  of  which  fact  the  certificate  of  the  City 
Engineer  shall  be  conclusive  evidence.  But  nothing  in  this  sec- 
tion shall  prevent  the  Common  Council  from,  at  any  time,  by  law, 
providing  for  the  grading  and  repaving  with  granite  block,  vitrified 
paving  brick  or  Trinidad  asphalt  pavement,  and  suitable  cross-walk 
stones  and  recurbing,  of  that  portion  of  Centi-al  avenue  between 
the  west  line  of  Knox  street  and  the  east  line  of  Main  avenue,  in 
the  city  of  Albany,  or  between  the  Avest  line  of  Knox  street  and 
any  point  west  of  the  west  line  of  Knox  street  that  may  be  desig- 
nated by  the  Board  of  Contract  and  Apportionment  of  said  city, 
or  of  any  street  in  that  section  of  the  city  of  Albany  which  is 
bounded  on  the  north  by  Patroon  creek,  on  the  east  by  the  Hud- 
son river,  on  the  south  by  Gansevoort  street  and  the  former  south 
boundaiy  line  of  said  city,  and  on  the  west  by  Lark  street,  and 
the  continuation  thereof,  and  which  is  now  or  may  hereafter  be 
paved  with  cobblestones,  Avithout  any  petition  being  presented 
therefor;  provided,  however,  that  the  Board  of  Contract  and 
Apportionment  of  the  city  of  Albany  shall,  in  writing,  I'ecommend 


Restrictions  Upon  Powers  Herein  Given.      55 

to  the  said  Common  Cuimcil  such  repaying  as  aforesaid.  And  in 
case  such  street,  avenue  or  public  place  shall  be  thus  paved  and 
curbed,  all  the  provisions  of  any  amendment  of  this  title  which 
shall  provide  for  the  payment  for  similar  work  by  the  issue  of 
bonds  of  the  city  of  Albany,  and  for  the  collection  of  the  assess- 
ment therefor  in  equal  annual  installments,  and  shall  have  been 
enacted  prior  to  the  making  of  an  assessment  for  the  cost  of 
repaying  and  curbing  any  such  street,  avenue  nr  ])nblle  place  as 
aforesaid,  shall  be  applicable  thereto. 

(As   amended  by   chapter  114,    Laws  of  1S89,    sec.   2;     by   chaMer 
171,  Laws  of  1892,  sec.  5;    and  by  chapter  983,  Laws  of  1895,  sec.  1.) 

Mayor  may  sign  petition  for  city. 

§  31.  Whenever  any  property  the  title  to  which  is  vested  in  the 
city,  or  the  title  to  which  is  held  for  any  municipal  purpose,  by 
any  board,  officer  or  commission  fronts  upon  any  street,  avenue 
or  public  place,  the  Mayor  may  sign  for  the  same  on  behalf  of 
the  city,  whenever  duly  authorized  so  to  do  by  resolution  of  the 
Common  Council. 

Appropriations  to  be  by  two-third  vote. 

§  32.  No  law  or  ordinance  shall  be  passed  by  the  Common  Coun- 
cil of  the  city  of  Albany,  nor  any  resolution  adopted  involving  an 
appropriation  or  expenditure  of  money  for  any  purpose,  unless 
by  a  vote  of  two-thirds  of  all  the  members  elected  to  said  Com- 
mon Council,  to  be  taken  by  yeas  and  nays,  which  vote  shall  be 
entered  on  their  minutes;  and  no  such  vote  shall  be  taken  except 
by  unanimous  consent  at  the  same  meeting  at  which  such  law, 
ordinance  or  resolution  shall  be  offered.  No  assessment  or  appor- 
tionment shall  be  released  or  canceled  by  the  Common  Council, 
except  upon  payment  to  the  Chamberlain  of  the  amount  due 
thereon;  and  no  payment  of  money  shall  be  refunded,  except  for 
errors  made  in  such  assessment  or  apportionment,  nor  shall  It  be 
lawful  for  the  Common  Council  to  pass  any  law,  ordinance  or 
resolution  extending  the  time  for  the  payment  of  any  assessment 
or  apportionment  beyond  the  date  of  its  confirmation. 

Expenditures  for  celebrations,  etc.,  to  be  by  three-fourths  vote. 
§  33.  No  money  shall  be  expended  for  any  celebration,  procession 
or  entertainment  of  any  kind  or  on  any  occasion,  unless  it  shall 
first  have  been  authorized  and  directed  by  a  resolution  of  the  Com- 
mon Council,  adopted  by  a  vote  of  three-fourths  of  all  the  mem- 


56  Charter  of  ihe  City  of  Albany. 

bers  elected  thereto,  to  be  taken  by  yeas  and  nays,  which  vote 
shall  be  entered  upon  the  minutes  and  such  resolution  shall  be 
approved  by  the  Mayor. 

To  enact  rescind  ordinances,  etc.,  two-third  vote  required. 

§  34.  No  ordinance  shall  be  adopted,  and  no  law,  ordinance  or 
by-law  shall  be  rescinded  or  repealed,  unless  by  a  two-third  vote 
of  all  the  members  elected  to  the  Common  Council;  nor  shall  any 
such  adoption  or  repeal  be  valid  unless  notice  of  such  intended 
action  shall  have  been  given  at  the  previous  regular  meeting  of  the 
Common  Council. 

Oflacers  not  to  incur  liability  on  part  of  city. 

§  35.  No  member  or  committee  of  the  Common  Council  shall 
have  power  to  employ  any  person,  incur  any  expense  or  purchase 
any  materials  for  or  on  behalf  of  the  city,  or  any  of  its  officers, 
boards  or  commissions,  Avith  respect  to  any  building,  street  or 
place,  the  care,  charge  or  superintendence  of  which  is  by  law 
given  to  any  city  officer  or  other  person,  but  in  such  case  the 
resolution,  law  or  ordinance  of  the  Common  Council  authorizing 
the  work,  purchase  or  employment  shall  direct  that  it  be  done  by 
and  under  the  direction  of  the  officer  or  person  having  such  -care, 
charge  or  superintendence;  and  no  bill  or  claim  for  such  work 
shall  be  audited  or  paid  unless  such  officer  or  person  shall  first 
certify,  in  writing,  that  the  work  has  been  properly  done  and  the 
materials  of  the  quality  and  kind  and  in,  the  quantity  in  such  bill 
or  claim  mentioned  have  been  duly  furnished  and  that  the  price 
charged  is  proper. 

Corporation  Counsel  to  approve  all  laws,  deeds,  etc. — Report. 

§  30.  All  laws  and  ordinances  proposed,  before  being  passed, 
shall  be  referred  to  the  Corporation  Counsel  for  revision,  and  no 
law  or  ordinance  shall  be  passed,  or  deed,  conveyance,  articles  of 
agreement,  covenant,  bond  or  contracts,  in  writing,  shall  be  entered 
into  under  the  direction  of  said  Common  Council  until  such  law 
or  ordinance  shall  have  been  referred  to  the  Corporation  Counsel, 
and  his  report,  or  that  of  his  assistant,  shall  have  been  made 
thereon  in  writing,  which  report,  in  the  ease  of  all  laws  requiring 
petition,  shall  state  that  the  petition  has  received  the  certificate 
of  the  City  Engineer,  or  until  such  deed,  conveyance,  articles  of 
agreement,  covenant,  bond  or  contract  shall  have  been  approved 
as  to  its  form  by  the  Corporation  Counsel  or  his  assistant,  except 


Restrictions  Upon  Powers  Herein  Given.      57 

such  bonds  as  are  required  to  be  takeu  by  the  Street  Commissioner 
uuder  sectiou  teu  of  title  eigliteeu  of  this  act.  The  Corporation 
Counsel,  or  his  assistant,  shall  report  within  one  mouth  upon  all 
matters  referred  to  him  uuder  this  sectiou. 

(As   amended  by  chapter  2SG,  Laws  of  1S91,   sec.  10.) 

Debts  not  to  be  contracted  except  by  authority  of  an  act  of  the 
legislature,  except  in  case  of  unforeseen  emergency. 
§  37.  It  shall  be  unlawful  for  the  Common  Council,  or  for  any 
officer,  commission,  board  or  depai'tment  of  the  city  of  Albany,  to 
contract  any  debt  or  loan  the  credit  of  the  city  unless  specially 
authorized  so  to  do  by  act  of  the  Legislature,  or  to  incur  any 
expense  for  any  pui-pose  after  the  amount  appropriated  therefor 
has  been  exhausted,  and  it  shall  be  unlawful  to  raise  by  tax  any 
money  to  pay  any  debt  or  expense  so  incurred,  and  the  members 
of  the  Common  Council,  or  of  any  commission,  board  or  depart- 
ment, knowingly  and  willfully  voting  for,  and  any  officer  know- 
ingly and  willfully  incurring  the  same,  shall  be  personally  liable 
therefor;  provided,  however,  that  in  case  of  extraordinary  casu- 
alty or  fire,  or  any  other  unforeseen  and  extraordinary  emergency, 
the  Common  Council  may,  on  the  written  recommendation  of  the 
Mayor,  stating  fully  the  grounds  thereof  and  the  amount  required, 
and  in  detail  the  manner  in  which  the  appropriation  for  the  year 
has  been  expended,  by  a  three-fourths  vote  of  all  the  members 
elected  thereto,  authorize  the  expenditure  of  an  amount  by  any 
officer,  commission,  board  or  department  of  the  city  which  shall 
be  absolutely  essential  to  the  performance  of  the  duties  imposed 
by  law  upon  such  officer,  commission,  board  or  department.  Such 
vote  shall  not  be  taken  until  the  aforesaid  recommendation  of  the 
Mayor  shall  have  been  once  published  in  the  corporation  news- 
papers. Any  expenses  incurred  in  pursuance  of  such  resolution 
shall,  if  there  be  no  funds  applicable  thereto,  be  included  in  a  cer- 
tificate of  indebtedness,  to  be  subscribed  by  the  finance  board 
hereinafter  named,  or  a  majority  of  its  members,  which  certifi- 
cate shall  bear  interest  at  a  rate  not  exceeding  six  per  cent,  per 
annum,  be  made  payable  on  the  second  Tuesday  of  February  of 
the  year  following  its  issue,  and  be  negotiated  by  the  board  of 
finance  after  five  days'  notice  published  in  the  city  papers  for 
bids  th&refor.  The  amount  thereof,  with  interest,  shall  be  included 
in  the  next  city  tax  budget  and  be  raised  by  tax.  For  emer- 
gencies of  the  nature  above  stated,  the  Fire  Commissioners,  by  a 
unanimous  vote,  approved  by  the  Mayor,  may  issue  a  certificate 


58  Charter  of  the  City  of  Albany. 

of  indebtedness,  which  shall  be  provided  for  iu  the  next  budget 
in  the  manner  above  stated. 

Appropriations  to  provide  for  necessary  expenses,  etc. 

§  88.  All  appropriations  hereafter  made  in  or  by  the  city  tax 
budget  for  municipal  expenses  shall  provide  for  the  necessary 
expenses  and  disbursements  of  the  otficer,  board,  commission  or 
department  for  which  they  are  made,  up  to  and  including  the 
thirty-first  day  of  December,  of  the  year  next  following  the  year 
in  which  the  appropriation  is  made,  and  the  expenditure  of  the 
money  appropriated  shall  be  so  regulated  by  the  officer,  board, 
commission  or  department  having  the  control  thereof,  that  it  shall 
cover  all  expenses  incurred  up  to  that  time. 

Contracts  to  be  indorsed  with,  certificate  that  there  are  funds 
appropriated  sufficient  to  pay  amount  named  in  contract. 
§  39.  All  contracts  made  by  any  board,  commission,  department, 
officer  or  agent  of  the  city,  involving  an  expenditure  of  more  than 
two  hundred  and  fifty  dollars,  when  the  amount  thereof  is  not 
directed  to  be  paid  by  assessment  upon  property  benefited,  shall 
have  indorsed  thereon  a  certificate  of  the  Chamberlain  of  the  city 
or  the  disbursing  otficer  of  such  board,  commission  or  department, 
to  the  effect  that  there  is  in  his  hands,  or  has  been  appropriated, 
a  sum  over  and  above  the  amount  of  all  certificates  previously 
given  applicable  to  and  sufficient  to  pay  the  amount  in  said  con- 
tract provided  to  be  paid,  and  said  contract  shall  not  take  eft'ect 
until  so  indorsed,  and  it  shall  be  the  duty  of  the  Chamberlain  or 
other  disbursing  officer  to  give  such  certificate  whenever  there  is 
in  his  hands  or  has  been  appropriated  a  sum  applicable  to  and 
sufficient  to  pay  the  amount  iu  said  contract  provided  to  be  paid. 
And  all  persons  furnishing  supplies  or  doing  work  for  the  city  iu 
an  amount  less  than  two  hundred  and  fifty  dollars  may  demand 
of  the  Chamberlain  or  other  disbursing  officer  (if  the  appropria- 
tion out  of  which  such  claim  should  be  paid  is  sufficient  to  pay 
the  same,  in  addition  to  all  other  claims  for  which  like  certifi- 
cates have  been  given,  and  the  amount  provided  to  be  paid  by 
all  contracts  on  which  like  certificates  have  been  indorsed)  a  cer- 
tificate to  that  effect,  and  the  Chamberlain  or  other  disbursing 
officer  shall  reserve  from  such  appropriation  a  sum  sufficient  to 
pay  all  contracts  and  claims  so  certified  by  him. 


Ord  tna  nces.  59 

Annu.al  Tax  Budget. 

Annual  tax  budget,  what  to  contain. 

§  40.  The  Common  Coimcil  of  the  city  of  Albany  shall  certify 
in  the  month  of  November  in  each  year  to  the  Board  of  Super- 
visors of  the  county  of  Albany  the  amount  required  to  be  raised 
for  all  the  expenses  of  the  city,  and  of  its  several  officers,  boards, 
commissions  and  departments  and  each  of  them  for  the  ensuing 
year,  specifying  in  writing-  the  several  purposes  for  which  the 
money  is  to  be  used,  and  it  shall  be  the  duty  of  said  Board  of 
Supervisors,  Avhen  served  with  a  certified  copy  of  the  resohition 
of  said  Common  Council  passed  pursuant  to  the  provisions  of  the 
charter  of  the  city  of  Albany  and  flirecting  the  imposition  and  col- 
lection of  such  amount,  to  cause  stich  amount  to  be  levied,  laid, 
assessed  and  raised  upon  and  from  the  taxable  proi^erty  of  said 
city  in  the  manner  prescribed  by  law. 

Ordixances. 
Power  to  adopt  ordinances. 

§  41.  The  Common  Council  is  liereby  authorized  and  empowered 
to  adopt  ordinances  prescribing  additional  duties  and  conferring 
additional  powers  (not  inconsistent  with  existing  laws)  upon  the 
several  eitj-  officers,  boards  and  commissions  thereof,  and  requiring 
security  to  be  given  by  any  officer  or  clerk  for  the  due  perform- 
ance of  the  duties  of  his  office. 

Penalty  for  violation. 

§  4"J.  Every  person  offending  against  any  ordinance  heretofore 
passed  or  that  may  hereafter  be  passed  by  the  Common  Council  of 
the  city  of  Albany  shall  be  deemed  guilty  of  a  misdemeanor,  and 
upon  conviction  shall  be  punished  by  fine  and  imprisonment,  or 
both,  in  the  discretion  of  the  court  before  whicli  such  conviction 
shall  have  been  had;  provided,  however,  that  stich  fine  shall  not 
exceed  tlie  amount  of  the  penalty  prescribed  in  and  by  any  ordi- 
nance for  the  viohition  of  wliieh  such  person  may  have  been  con- 
victed, and  that  sucli  Imprisonment  shall  not  be  for  a  longer  time 
than  six  months. 

Ordinances   and   resolutions   as   evidence. — Affidavit    of   serving 
or  posting  notices,  evidence. 
§   43.  All   ordinances    and    resolutions   passed    by    the    Common 
Council  of  said  city,  pursuant  to  the  authority  vested  in  it,  may  be 


60  Charter  of  tee  City  of  Albany. 

read  and  received  iu  evidence  in  any  court  in  tliis  State,  wlien 
attested  by  a  certificate  of  the  Clerk  of  tlie  Common  Council  to 
tlie  effect  that  the  same  are  true  copies  thereof,  and  of  the  v^^hole 
of  the  same  respectively,  or  may  be  read  from  the  volume  of 
ordinances  ijublished  by  order  of  said  Common  Council  without 
any  other  proof  of  the  passage  or  publication  thereof,  but  such 
publication  shall  be  only  presumptive  evidence  that  the  same  has 
been  duly  published  in  the  official  newspapers  as  required  by  this 
act;  and  whenever  it  shall  be  necessary  to  serve  or  post  any 
notice  under  the  provisions  of  this  act,  the  affidavit  of  the  party 
serving  or  posting  such  notice  to  the  effect  that  it  has  been  done, 
shall,  when  attached  to  or  indorsed  on  a  copy  of  such  notice,  be 
prima  facie  evidence  of  such  serving  or  posting. 

(As  amended  by  chapter  286,  Laws  of  1891,   sec.   11.) 

Act,  how  to  be  construed. 

§  44.  Nothing  contained  in  this  act  shall  be  so  construed  as  to 
render  the  city  of  Albany,  or  any  of  its  officers,  liable  in  dam- 
ages or  otherwise  to  any  person  or  persons,  or  corporation,  for 
any  omission  to  pass  any  ordinance,  regulation  or  resolution  pur- 
suant to  the  provisions  hereof,  or  for  a  failure  to  enforce  the 
same  or  to  do  any  act  herein  authorized. 

Audited  Claijis. 
Claims  against  city  for  injury  to  person  or  property. — Limita- 
tion.— Law  Department. — Report. 
§  45.  All  claims  against  the  city  for  damages  for  injuries  to  the 
person,  claimed  to  have  been  caused  or  sustained  by  defects,  want 
of  repair  or  obstructions  from  snow  or  ice,  or  other  causes, 
in  the  highways,  streets,  sidewalks  or  cross-walks  of  the 
city,  or  because  of  negligence  of  the  city  as  to  the  highways, 
streets,  sidewalks,  or  cross-walks  of  the  city,  and  all  claims  against 
the  city  for  damages  for  injuries  to  property  claimed  to  have  been 
sustained  by  the  negligence  of  the  said  city,  or  any  of  its  officers, 
agents  or  servants,  in  any  manner,  or  for  any  wrong  or  injury, 
shall  be  presented  to  the  Common  Council  in  writing,  within 
three  months  after  said  injury  is  received.  Such  writing  shall 
describe  the  time,  place,  cause  and  extent  of  the  injury,  so  far 
as  then  practicable,  verified  by  the  oath  of  the  claimant.  The 
omission  to  present  said  claim  as  aforesaid,  within  three  months, 
shall  be  a  bar  to  any  claim  or  action  therefor  against  the  city; 
and  the  Law  Department,  wliich  shall  consist  of  the  Recorder  of 


Audited  Claims.  G1 

said  city  of  Albany,  tlie  Law  Committee  of  the  Common  Council 
and  the  Corporation  Counsel,  shall  consider  said  claim  and  report 
thereon  to  the  Common  Council  within  three  months  from  the 
date  of  the  reference  of  such  claim,  but  no  such  claim  shall  be 
settled  or  paid  except  as  prescribed  in  section  ten  of  title  five  of 
this  act. 

(As  amended   by   chapter  286,   Laws  of  1891,   sec.    12.) 

Claims  must  be  presented  in  form  of  accounts  and  be  verified 
and  printed. — Not  to  be  audited  until  five  days  after  printed. 
§  40.  All  claims  and  demands  against  the  city  of  Albany  exceed- 
ing in  amount  twenty-five  dollars,  arising  upon  contract,  express 
or  implied,  except  claims  or  demands  which  are  to  be  paid  for 
by  assessments  upon  propertj-  benefited,  which  are  to  be  passed 
upon,  examined,  audited  or  allowed  by  the  Common  Council  or 
Board  of  Audit,  or  Chamberlain  of  such  city,  must  be  presented 
to  the  Clerk  of  the  Common  Council  in  the  form  of  accounts, 
itemized  and  verified  as  hereinafter  provided  for.  Such  accounts, 
after  being  presented  to  the  Clerk  of  the  board,  shall  (excepting 
the  verification  thereof,  and  the  certificate  of  the  ofllcer  certify- 
ing thereto,  but  not  excepting  the  name  of  such  officer)  be  num- 
bered and  printed  under  the  direction  of  said  Clerk,  and  shall  be 
distributed  under  his  direction  to  the  Mayor  of  the  city,  and  to  the 
Chamberlain,  and  to  each  member  of  the  Common  Council  and 
the  Corporation  Counsel  and  Street  Commissioner  within  eight 
days  after  such  accounts  have  been  presented.  And  no  claim  or 
demand  against  said  city,  of  the  character  above  described,  shall 
be  in  any  manner  acted  upon,  audited  or  allowed  by  the  Chamber- 
lain, or  by  the  Common  Council  (except  to  refer  the  same  to  an 
appropriate  committee  for  examination  and  report),  until  five  days 
after  such  account  has  been  printed  and  distributed  as  aforesaid. 
A  willful  neglect  to  liave  such  accounts  as  are  above  described, 
printed  or  distributed,  and  the  presentation  of  an  account  known 
to  the  person  presenting  it  to  be  fictitious,  in  whole  or  in  part,  or 
without  any  foundation,  shall  be  a  misdemeanor.  Such  printing 
shall  be  done  at  a  price  not  exceeding  the  ordinary  rates  paid  for 
such  work. 

What  accounts  must  state. 

§  47.  Each  account  must  state  when  and  where  the  work  was 
performed  or  the  materials  were  furnished,  and  under  what  con- 
tract or  under  what  authority  it  was  performed  or  the  materials 


62  Charter  of  the  City  of  Albany. 

were  furnished,  and  must  state,  with  reasonable  detail  the  char- 
acter and  amount  of  the  work  done  and  materials  furnished.  The 
account  must  contain  the  names  of  each  person  interested  in  the 
same,  or  who  makes  any  claim  to  any  share  or  portion  of  the 
simi   to  be  paid. 

Verification. 

§  48.  Each  account  against  the  city  of  Albany  or  any  of  its 
boards,  departments  or  commissions,  whether  for  twenty-five  dol- 
lars or  less,  must  be  verified  by  the  party,  or  one,  at  least,  of  the 
parties  in  whose  name  the  same  is  presented,  if  there  be  more  than 
one.  and  must  be  to  the  effect  that  the  same  is  presented  in  the 
name  or  names  of  the  real  party  or  parties  in  interest,  and  that  the 
contract  was  not  made  or  the  work  performed,  or  materials  fiu-- 
nished  in  the  name  of  one  person  for  the  benefit  of  another;  and 
that  no  city  ofllcer,  or  member  of  any  board  or  commission  of  the 
city,  or  salaried  employe  thereof,  or  the  partner  or  any  agent, 
servant  or  employe  of  such  member,  officer  or  commissioner,  or  of 
the  firm  of  which  he  is  a  partner,  or  if  his  partner  is  or  has  been 
directly  or  indirectly  interested  therein,  either  in  the  doing  of  the 
work  or  the  furnishing  of  the  materials,  or  has  been  paid  or  prom- 
ised anything  for  the  letting  of  the  contract.  That  the  work  as 
charged  for  was  a<?tually  done,  and  the  materials  specified  actually 
furnished  and  used  at  the  times  and  places  mentioned,  and  are  of 
the  value  charged,  or  are  at  the  prices  specified  in  the  contract. 
That  no  bill  has  been  presented  or  claim  made  theretofore  for  the 
payment  for  such  work,  or  materials,  or  for  any  part  or  item 
of  such  work,  or  materials,  except  as  therein  stated,  and  if 
such  bill  has  been  theretofore  presented,  or  such  claim  has 
been  theretofore  made  for  the  whole  or  any  part  thereof,  it  shall 
be  stated  to  whom,  or  what  board,  body  or  commission  it  was 
presented  or  made,  the  time  or  times  thereof,  and  the  action  of 
such  person,  board,  body  or  commission  thereon,  and  when  such 
action  was  taken. 

Blank  forms  to  be  prepared  by  clerk. 

S  40.  The  Clerk  of  the  ComiiKin  Ciiuuiil  shall  prepare  a  l)lauk 
form  of  verification  in  accordance  with  the  pi-ovisions  of  the  last 
section,  to  be  approved  by  the  Corporation  Counsel,  and  it  shall 
be  printed  and  furnished  by  said  clerk  gratuitously  to  all  persons 
demanding  tlie  same,  and  who  have  a  claim  or  demand  of  the 
aforesaid  cliaracter  to  present  to  the  board,  or  the  Chamberlain 


Audited  Claims.  63 

or  other  officer,  aud  uo  account,  whether  for  tweuty-tive  dollars 
or  under,  shall  be  presented  to  the  Chamberlain,  or  any  board  or 
■commission,  or  the  Common  Council,  or  received  or  paid,  or 
ordered  paid,  or  acted  upon,  audited  or  allowed  by  him  or  it,  unless 
the  verification  is  in  the  form  prepared  by  the  said  clerk.  And  in 
no  case  shall  the  account  be  paid  until  three  days  after  the  meet- 
ing of  the  Common  Council  at  which  payment  was  ordered  by 
it,  or  the  audit  by  the  Chamberlain;  and  such  account  shall  not 
be  paid  by  the  Chamberlain  at  all  unless  the  form  and  vei-ifica- 
tion  complies  with  the  provisions  of  this  act.  When  paid,  the 
original  ac-coimt  or  bill  having  the  verification  attached  shall  be 
receipted  by  the  part}'  receiving  the  money,  or  his  duly  authorized 
agent,  and  filed  with  the  Chamberlain  or  other  proper  officer,  and 
is  hereby  declared  to  be  a  public  record  in  his  office.  All  claims 
and  demands  presented,  including  verification,  which  shall  not 
be  allowed  or  paid,  shall  be  delivered  to  and  filed  with  the  proper 
indorsement  of  the  name,  date  and  amount,  by  the  Chamberlain 
or  other  proper  officer  in  his  office,  and  shall  be  public  records. 

Certain  sections  not  to  apply  to  salaries  of  officers. — Nor  to 
employment  of  counsel. 
§  50.  None  of  the  provisions  of  sections  forty-six,  forty-seven, 
forty-eight  and  forty-nine  of  this  title  of  this  act  shall  be  held  to 
affect  the  salaries  of  officers  paid  by  the  city;  or  the  mode  or  man- 
ner in  which  payment  thereof  is  made,  or  the  wages  of  the  city 
laborers,  nor  the  disbursements  made  by  the  Coii>oration  Counsel 
in  the  conduct  of  the  ca.ses  brought  or  defended  by  or  for  the  citj', 
nor  the  payment  of  judgments  obtained  against  the  city;  nor  shall 
the  provisions  of  this  act  affect  any  contract  now  existing.  And 
none  of  the  provisions  of  said  sections  shall  apply  to  the  employ- 
ment of  counsel  to  aid  the  Corporation  Counsel  in  any  legal  mat- 
ters in  which  the  city  is  interested,  when  such  employment  is  by 
authority  of  the  Mayor. 

Actions  for  recovery  of  claims. — Costs  against  claimant. 

§  ill.  Nothing  in  this  act  contained  shall  prevent  any  claimant 
against  the  city  from  bringing  an  action  or  suit  against  the  city 
for  the  recovery  of  any  alleged  claim,  provided  that  the  allowance 
of  the 'Common  Council  or  Chamberlain  shall  not  be  accepted;  pro- 
vided further,  however,  that  no  action  or  suit  shall  be  brought  or 
maintained  until  after  the  expiration  of  forty  days  after  the  said 
claim  shall  have  been  presented  to  the  said  Common  Council  as 


64  Charter  of  the  City  of  Albany. 

herein  provided  for;  and  said  Common  Council  sliall  have  neg- 
lected or  refused  to  make  any  adjustment  or  payment  thereof,  nor 
shall  the  city  be  liable,  nor  shall  any  recovery  be  had  against  it, 
for  any  claim  not  contracted  in  the  manner  prescribed  by  law. 
In  case  the  claimant  in  any  action  brought  shall  not  recover  more 
than  the  sum  allowed  by  the  Common  Council  or  Chamberlain,  he 
shall  be  charged  with  the  costs,  allowances  and  disbursements  of 
the  action,  which  shall,  in  case  of  any  recovery  by  him,  be 
deducted  therefrom. 

(As  amended  by  chapter  286,  Laws  of  1891,  sec.  13.) 

Impeachment  of  the  Mayor. 
Impeachment  of  Mayor.— Proceedings  thereupon. 

§  52.  The  Common  Council  shall  have  power  to  impeach  the 
Mayor  by  a  resolution,  passed  by  the  votes  of  two-thirds  of  all 
the  members  elected  thereto,  but  such  power  of  impeachment 
shall  not  operate  to  prevent  or  stay  any  other  action  or  proceed- 
ing against  him  for  misfeasance  or  nonfeasance  in  office.  In  case 
the  Mayor  shall  be  impeached,  his  assent  to  the  resolution  of 
impeachment  shall  not  be  necessary.  The  court  for  the  trial  of 
the  Mayor  so  impeached  shall  be  the  Circuit  Court  held  in  and 
for  Albany  county,  and  the  proceedings  shall  be  taken  in  accord- 
ance with  the  rules  to  be  prescribed  by  the  court. 

Street  Improvements. 
Petition  for  certain  street  improvements. 

§  53.  Whenever  a  petition  is  presented  to  the  Common  Council, 
signed  and  acknowledged  by  one  or  more  persons  owning  not  loss 
than  one-half  of  the  number  of  feet  fronting  both  sides  of  that 
portion  of  the  street,  avenue,  court  or  alley  to  be  improved,  as  shall 
appear  by  the  last  annual  tax-roll  on  file  in  the  office  of  the 
Receiver  of  Taxes,  of  which  fact  the  certificate  of  the  City  Engi- 
neer shall  be  conclusive  evidence,  and  which  petition  shall,  in 
other  respects,  be  in  the  manner  and  form  authorized  and  required 
by  this  act  for  the  grading,  filling,  forming,  curbing,  paving  or 
repaving  the  carriageway,  and  for  the  flagging,  sodding  and  set- 
ting out  of  trees  on  the  sidewalk  of  any  street,  avenue,  court  or 
alloy,  or  any  part  thereof,  with  such  kind  of  pavement,  except 
cobble-stone,  as  shall  be  set  forth  in  the  petition,  the  entire  costs 
of  which  proposed  work  or  improvement  shall  have  been  estimated 


Street  Improvements.  65 

by  the  City  Engineer  to  be  greater  than  five  dollars  per  front  foot 
along  each  line  of  the  street  proposed  to  be  improved,  including 
the  cost  of  intersection  work  assessable  upon  said  frontage,  of 
which  fact  the  certificate  of  the  City  Engineer  shall  be  conclusive; 
said  Common  Council  is  authorized,  in  its  discretion,  to  provide 
for  the  general  manner  of  the  execution  of  such  work,  and  to  take 
such  action  as  under  this  act  shall  be  proper  in  the  premises,  and 
to  direct  such  work  to  be  done;  and  it  shall  be  the  duty  of  the 
Board  of  Contract  and  Apportionment  and  the  other  boards  and 
officers  of  said  city  to  carry  the  same  into  execution  and  effect. 

(Added  by  chapter  196,   Laws  of  1889,   and  amended  by   chapter 
286,  Laws  of  1891,  sec.  14,  and  chapter  171,  Laws  of  1892,   sec.   G.) 

Laws  and  ordinances  governing  such  work. — Assessment  of 
expenses. — Lien  of  Same. — Validity. 
§  54.  Such  work  in  the  last  preceding  section  provided  for,  if 
authorized  by  the  Common  Council,  shall  be  done  in  all  respects 
in  accordance  with  the  laws  of  the  State  of  New  York,  and  the 
laws,  ordinances  and  resolutions  of  the  Common  Council  of  the 
city  of  Albany.  Whenever  such  work  shall  have  been  completed, 
the  expenses  thereof  shall  be  imposed  and  assessed  upon  the 
property  benefited  thereby  in  like  manner  and  form  as  other 
■assessments  for  work  done  in  said  city  are  laid  and  imposed,  and 
such  assessment,  where  so  made,  shall  be  conclusive  evidence  of 
the  regularity  of  all  prior  proceedings  taken  and  had  under  the 
provisions  of  this  act,  and  shall  be  and  constitute  a  lien  and 
charge  upon  the  several  pieces  of  laud  and  franchises  therein 
described;  and  the  general  provisions  of  the  charter  of  the  city  of 
Albany  now  existing  or  hereafter  to  be  enacted,  as  to  the  validity 
of  any  assessment  to  the  extent  of  any  certificates  of  indebted- 
ness issued  in  payment  thereof,  shall  be  applicable  and  shall  apply 
to  the  assessment  in  this  act  provided  for  to  the  extent  of  any 
bonds  issued  hereunder  to  pay  for  the  same. 

(Added  by  chapter  196,  Laws  of  1S8C,  §  1.) 

Assessment   payments. — Entire  assessment  may  be  paid. — Sale 
of  property  for  unpaid  assessments. — Sewer  assessments  and 
bonds. 
§  55.  If  such  petition  shall  be  duly  presented  to  the  Common 
Council  and  shall  be  certified  by  the  City  Engineer,  as  above  pro- 
vided for.  then  in  sut-h  case  the  assessment  for  the  expense  of 
such  work  above  provided  for  shall  be  and  become  due  and  payable 

5 


()6  Charter  of  the  City  of  Albany. 

in  the  manner  and  at  the  time  and  in  the  proportion  following, 
and  not  otherwise,  that  is  to  say:  one-fifth  part  of  each  of  such 
assessment,  with  interest  on  the  whole  amount  of  the  entire 
assessment  up  to  that  time  remaining  unpaid  from  and  after  the 
date  of  the  confirmation  of  such  assessment,  at  and  after  the  rate 
of  interest  specified  in  the  bonds  of  the  city  issued  under  this  act, 
shall  be  payable  on  the  first  day  of  September  following  the  con- 
firmation of  such  assessment;  and  one-fifth  part  thereof,  with  like 
interest  on  the  whole  amount  of  the  entire  assessment  up  to  that 
time  remaining  unpaid  from  the  date  at  which  the  last  previous 
payment  of  interest  is  provided  to  be  paid,  shall  be  and  become 
due  and  payable  on  each  succeeding  first  day  of  September,  until 
the  whole  of  such  assessments  shall  be  paid.  The  owner  of  any 
piece  of  property,  so  assessed  may,  at  any  time,  pay  to  the  Cham- 
berlain of  the  city  of  Albany  the  entire  assessment  upon  his  prop- 
erty, with  interest  at  the  rate  aforesaid  up  to  the  time  of  such 
payment,  and  thereupon  said  property  shall  be  discharged  from  the 
lien  of  such  assessment.  In  case  any  payment  so  above  provided 
for  shall  not  be  made  when,  as  above  provided  for,  it  becomes 
due  and  payable,  then  such  amount  shall  be  collected  by  a  sale 
of  the  property  assessed,  and  such  othei*,  if  any,  proceeding  as 
may  be  provided  by  law  for  the  collection  of  ordinary  assess- 
ments in  said  city.  It  shall  be  the  duty  of  the  Chamberlain  of  the 
city  of  Albany  immediately  when  any  such  default  shall  take 
place,  to  proceed,  under  the  provisions  of  the  charter  of  said  city, 
to  advertise  the  premises  assessed  for  such  amount  so  in  default, 
and  to  sell  the  same  for  the  amount  due  thereon,  with  interest  on 
such  amount  from  the  time  of  such  default,  at  the  rate  prescribed 
by  the  charter  of  said  city  in  the  case  of  ordinary  city  assess- 
ments, together  with  the  costs  and  charges  of  the  notice  and  sale. 
The  property  shall  be  sold  subject  to  all  subsequent  payments 
chargeable  thereto  under  the  said  assessment,  and  subject  to  any 
other  city  assessment  then  a  lien  thereon,  and  the  Chamberlain's 
certificate  and  Chamberlain's  declaration  of  sale  shall  each  be 
conclusive  evidence  of  the  regularity  of  all  proceedings  prior 
thereto,  including  the  sale.  Whenever  any  brick  or  stone  sewer, 
or  sewer  of  both  brick  and  stone,  shall  be  constructed  exceeding 
one  thousand  feet  in  length,  the  assessments  levied  and  appor- 
tioned for  the  payment  thereof  exceeding  the  sum  of  fifteen  dol- 
lars each  shall  be  payable  as  herein  provided  for  the  payment  of 
street  improvement  assessments,  and  bonds  of  the  city  for  the 
aggregate  amount  of  the  assessments  exceeding  fifteen  dollars 


Street  Lmprove.uk.\ts.  67 

each  shall  be  issued,  to  be  known  as  sewer  improvement  bonds, 
in  the  manner  provided  in  section  fifty-six  of  this  title,  and  pay- 
able as  therein  provided. 

(Added  by  chapter  196,   Laws  of  1889,   and  amended  by   chapter 
286,   Laws   of  1891,   sec.   15.) 

Improvement  bonds. — Payment  of  same. — Application  of  pro- 
ceeds.— Act,  how  applicable. 
§  56.  It  shall  be  the  duty  of  the  Board  of  Contract  and  Appor- 
tionment, on  the  first  day  of  October  in  each  year,  to  certify  to 
the  Chamberlain  the  total  cost  and  expenses  for  all  improve- 
ments during  the  year  immediately  preceding,  the  assessment  for 
which  to  be  paid  in  installments,  as  herein  provided,  and  it  shall 
thereupon  be  the  duty  of  the  Board  of  Finance  of  the  city,  within 
one  month  thereafter,  to  cause  to  be  prepared  and  executed  in  the 
usual  form,  bonds  of  said  city,  to  be  known  as  "  improvement 
bonds  for  the  year  "  (inserting  the  year  in  which  they  are  issued), 
and  to  sell  so  many  of  the  same,  as  near  as  may  be,  as  shall  pro- 
duce an  amount  equal  to  all  such  assessments  then  remaining 
unpaid,  at  public  auction,  at  not  less  than  par,  after  notice  of  such 
intended  sale  shall  have  been  published  for  ten  days,  Sundays  and 
holidays  excepted,  in  the  official  newspapers  of  said  city.  Such 
bonds  shall  bear  interest  at  a  rate  to  be  fixed  by  the  Board  of 
Finance  of  said  city,  not  exceeding,  however,  five  per  centum  per 
annum,  and  shall  be  so  respectively  made  payable  that  one-fifth 
of  said  bonds  shall  fall  due  in  one  year  from  the  date  of  their 
issue,  and  one-fifth  thereof  in  each  year  thereafter  until  the  whole 
are  paid.  The  proceeds  of  said  bonds  shall  be  applied  to  the  pay- 
ment of  the  amount  due  to  the  respective  contractors  under  their 
contract,  or  due  under  certificates  of  indebtedness  issued  to  them 
respectively,  and  to  the  payment  of  any  other  expenses  repre- 
sented in  and  covered  by  the  respective  assessments  for  which 
such  bonds  were  issued,  and  any  excess  received,  on  the  sale  of 
such  bonds,  by  premiums  or  otherwise,  after  applying  the  pro- 
ceeds thereof  as  aforesaid,  shall  be  paid  by  the  Chamberlain  to 
the  trustees  of  the  general  debt  sinking  fund.  All  amounts  col- 
lected by  the  Chamberlain  from  the  said  assessments  shall  be 
paid  over  by  him  monthly  to  said  trustees  of  the  general  debt 
sinking  fund,  and  said  trustees  are  hereby  authorized  to  invest 
such  funds  as  provided  by  law.  The  principal  and  Interest  upon 
said  bonds  shall  be  paid,  as  they  respectively  become  due.  by  sa'd 
trustees,  out  of  the  general  debt  sinking  fund.     The  provisions  of 


68  Charter  of  the  City  of  Albany. 

sections  fifty-throe,  fifty-four,  fifty-five  and  fifty-six  of  this  title 
shall  not  be  applicable  to  any  work  done  under  the  provisions  of  ■ 
the  charter  of  the  city  of  Albany  (and  any  assessment  for  such 
work  shall  be  collected  and  paid  in  all  respects  as  other  assess- 
ments are  provided  to  be  collected  and  paid  in  and  under  the  pro- 
visions of  the  charter  of  said  city),  unless  the  Common  Council 
shall,  in  the  law  or  ordinance  provided  for  the  doing  of  such  work, 
direct  that  the  provisions  of  sections  fifty-three,  fifty-four,  fifty- 
five  and  fifty-six  of  this  title  shall  be  applicable  thereto,  and  which 
said  ordinance  must  receive  the  vote  of  two-thirds  of  all  the  mem- 
bers elected  to  said  Common  Council,  and  be  approved  by  the 
Mayor,  and  if  disapproved  by  the  Mayor,  shall  not  be  passed, 
notwithstanding  such  disapproval,  except  by  a  vote  of  four-fifths 
of  all  the  members  elected  to  said  Common  Council,  which  pro- 
visions, in  the  law  or  ordinance  for  such  work,  the  persons  sign- 
ing a  petition  for  the  doing  of  said  woi-k  are  authorized  to  make  a 
condition  of  said  petition  taking  effect. 

(Added  by  chapter  196,   Laws  of  1889;    amended  by  chapter  171, 
Laws  of  1892,  sec.  7;    and  by  chapter  806,  Laws  of  1895,  sec.  4.) 

Drain  and  sewer  expenses  may  be  included  in  improvement 
assessment. — Proviso,  when  separate  contract. 
§  57.  The  Common  Council  may,  by  a  vote  of  two-thirds  of  all 
the  members  elected  to  said  Common  Council,  direct  that  the 
expense  of  laying  drains  or  sewers  under  the  sidewalk  or  car- 
riageway of  that  portion  of  any  street,  avenue,  court  or  alley, 
which  shall  be  improved  under  the  provisions  of  sections  fifty, 
fifty-one,  fifty-two  and  fifty-three  of  this  title  (if  the  laying  of 
such  drains  or  sewers  be  duly  authorized  by  law),  be  included  in 
the  assessment  for  such  improvement  made  due  and  payable  in 
the  manner  prescribed  by  section  fifty-two  of  this  title;  provided, 
moreover,  that  when  a  separate  contract  shall  be  awarded  for  the 
work  of  constructing  the  aforesaid  sewers,  the  Board  of  Contract 
and  Apportionment  may  separately  assess  the  expense  of  such 
work,  and  bonds  covering  tlio  expense  of  laying  the  sewers  shall 
be  issued  by  the  Board  of  Finance  in  advance  of  those  needed  for 
covering  the  expense  of  the  remaining  portion  of  work  to  be  done 
under  other  contracts. 

(Added  by  chapter  106,  I.awe  cf  1889,  and  amended  by  cliapter  286.  Lawe  of 
1891,  sec.  16.) 


Street  Improvements.  69 

Improvement  bonds  restricted. — Awards  of  certain  contracts 
confirmed. — ^Tax  for  bonds  paid  from  Sinking  Fund. — Sur- 
plus, how  credited. — Deficiency  tax. 
§  oS.  No  bouds  for  street  improvements  shall  be  issued  hy  the 
city  of  Albany  Avhen  the  amount  outstanding,  issued  for  street 
impi'ovements,  under  the  provisions  of  this  act,  together  with  those 
proposed  to  be  issued,  shall  exceed  the  sum  of  seven  hundred  and 
fift}'  thousand  dollars.  The  awards  of  the  contracts  for  the  pav- 
ing of  Hamilton  and  Jay  streets  iu  said  city,  and  all  proceedings 
preliminarj'  thereto,  are  hereby  confirmed  and  legalized,  so  as  to 
bo  of  the  same  force  and  effect  as  if  the  issuing  of  bonds  to  raise 
the  moneys  necessary  to  pay  the  amount  of  such  contracts  had 
been  authorized  prior  to  the  awards  thereof;  whenever  any  bouds 
the  amount  of  which  is  to  be  repaid  by  an  assessment  upon  prop- 
erty benefited,  issued  after  January  first,  eighteen  hundred  and 
eighty-eight,  shall  be  paid  out  of  the  general  debt  sinking  fund, 
there  shall  be  raised  in  the  next  succeeding  city  tax  budget  a 
sum  equal  to  the  amount  so  paid  with  interest,  and  such  amount 
shall  be  repaid  into  the  general  debt  sinking  fund,  and  if  when 
all  the  bonds  issued  for  any  such  Avork  shall  have  been  paid  there 
shall  remain  an  amount  collected  from  the  assessment  imposed 
therefor,  over  and  above  what  shall  be  necessary  to  retire  such 
bouds  and  pay  the  interest  thereon,  such  surplus  shall  be  credited 
to  the  street  contingent  fund,  and  whenever  at  the  time  that  all 
the  bonds  issued  from  any  such  work  shall  have  been  paid  the 
amount  realized  from  the  assessment  shall  prove  insufficient  to 
fully  pay  the  principal  and  interest  of  such  bonds,  the  deficieu'cy, 
with  interest  thereon,  shall  be  raised  in  the  next  tax  budget  and 
be  paid  into  the  general  debt  sinking  fund. 

(Added  by   chapter  196,   Laws  of  1889,   and   amended   by  chapter 
257,  Laws  of  1890,   sec.   1.) 

Common  Council  by  resolution  may  provide  by  law  that  assess- 
ments for   street   improvements   shall  be  due   not   less   than 
five   or  more   than   fifteen  years. — Improvement  bonds  may 
issue. 
§  59.  The  Common  Council  may,  by  a  two-thirds  vote  of  all  the 
members  elected  thereto,  with  the  approval  of  the  Mayor  and  upon 
the  prior  recommendation  of  the  Board  of  Contract  and  Apportion- 
ment, provide  in  any  ordinance  for  any  street  or  other  improve- 
ment, the  expense  for  which  may  be  imposed  and,  assessed  upon 
the   property   benefited   thereby,    as   provided    by    law,    that   the 


70  Charter  of  the  City  of  Albany. 

assessments  therefor  shall  be  and  become  due  and  payable  in 
any  number  not  less  than  five  and  not  more  than  fifteen  equal 
annual  installments,  and  that  one  of  such  installments,  together 
with  interest  thereon,  from  and  after  the  date  of  the  confirmation 
of  such  assessment  at  the  rate  specified  in  the  bonds  issued  on 
account  thereof  as  hereinafter  provided,  upon  the  whole  amount  of 
the  entire  assessment  remaining  unpaid,  shall  be  due  and  payable 
upon  each  first  day  of  September  following  the  confirmation  of 
such  assessment,  until  the  whole  of  said  assessment  and  the  inter- 
est thereon  shall  be  paid.  The  owner  of  any  piece  of  property  so 
assessed  may  at  any  time  pay  to  the  Chamberlain  the  entire 
assessment  upon  his  property  with  interest  at  the  rate  aforesaid 
up  to  the  time  of  such  payment,  and  thereupon  said  property 
shall  be  discharged  from  the  lien  of  such  assessment.  All  the 
provisions  of  the  charter  with  reference  to  the  sale  of  property  for 
unpaid  assessments,  or  for  unpaid  installments  of  assessments, 
shall  be  applicable  to  assessments  for  improvements  made  under 
any  ordinance  passed  pursuant  to  this  section,  and  all  the  pro- 
visions of  the  charter  with  reference  to  the  issuing,  the  rate  of 
interest,  the  sale,  the  application  of  the  proceeds  and  the  payment 
of  improvement  bonds,  shall  be  applicable  to  such  improvements; 
provided,  however,  that  bonds  issued  on  account  of  any  such 
improvement  shall  be  made  payable  in  the  same  number  of  equal 
annual  installments  as  is  provided  in  such  ordinance  for  the  pay- 
ment of  the  assessments  for  such  improvements.  The  Board  of 
Finance  is  hereby  authorized  to  issue  and  sell,  as  provided  by  law, 
any  bonds  authorized  and  required  by  any  such  ordinance. 

(Added  by  fee.  17,  chap.  806,  Laws  1895.) 

TITLE    IV. 

The  Mayor. 
Mayor. 

§  1.  The  executive  power  of  the  corporation  shall  be  vested  in 
a  Mayor. 

Election. — ^Term. — Qualifications. 

§  2.  The  Mayor  shall  be  elected  at  the  charter  election  and  shall 
hold  his  office  for  the  term  of  two  years,  commencing  on  the  first 
day  of  January  next  after  his  election,  and  the  acceptance  there- 
after of  any  other  elective  or  appointive  office  of  profit  by  the 
Mayor  shall  operate  to  determine  the  end  of  his  term  of  office  as 
Mayor.    The  term  of  office  of  the  present  Mayor  of  said  city  shall 


The  Mayor.  71 

expire  on  the  last  day  of  December,  eighteen  hundred  and  ninety- 
five.  No  person  shall  be  eligible  to  the  office  of  Mayor  unless  he 
shall  have  resided  in  the  city  of  Albany  for  at  least  five  years 
immediately  previous  to  his  election,  and  shall  have  attained  the 
age  of  twenty-five  years. 

(As  amended  by  chapter  286,  Laws  of  1891,  sec.  17,  and  by  chap- 
ter 806,   Laws  of  1895,   sec.   5.) 

Office. 

§  3.  He  shall  have  his  office  in  the  City  Hall,  which  shall  be 
open  daily,  for  the  transaction  of  business,  between  the  hours  of 
ten  o'clock  in  the  morning  and  four  o'clock  in  the  afternoon. 

To  sign  deeds,  etc. 

§  4.  He  shall  sign  all  deeds  and  contracts  made  and  entered 
into  by  the  city,  and  affix  thereto  the  city  seal,  which  shall  be 
in  his  custody. 

Salary. 

§  5.  He  shall  receive  an  annual  salary  of  three  thousand  five 
hundred  dollars,  to  be  paid  monthly  bj'  the  Chamberlain. 

President  of  Common  Council  to  act  in  case  of  vacancy,  etc. 

§  6.  Whenever,  by  reason  of  sickness,  absence  from  the  city  or 
other  cause,  the  Mayor  shall  be  prevented  from  attending  to  the 
duties  of  his  office,  the  President  of  the  Board  of  Aldermen  shall 
act  as  Mayor,  and  jmssess  all  the  rights  and  powers  of  Mayor 
during  such  disability.  But  it  shall  not  be  lawful  for  the  Presi- 
dent of  the  Board  of  Aldermen,  when  so  acting  as  Mayor,  to  sign 
or  approve  of  any  ordinance  or  resolution  of  the  Common  Council, 
or  nominate  or  appoint  any  person  to  office  unless  the  sickness, 
disability  or  absence  of  the  Mayor  shall  have  continued  at  least 
thirty  days. 

CAs  amended  by  chapter  806,  Laws  of  1895,   sec.  6.) 

Wlien  and  how  vacancy  can  be  filled. 

§  7.  Whenever  there  is  a  vacancy  in  the  office  of  Mayor  the 
President  of  the  Common  Council  shall  hold  such  office  for  the 
remainder  of  the  term  of  office  of  said  Mayor,  and  upon  qualifica- 
tion of  such  President  as  Mayor  he  shall  thereby  vacate  his  office 
as  Alderman  and  President  of  the  Common  Council,  and  the  Com- 
mon Council  shall  thereupon  elect  an  Alderman  to  fill  his  unex- 
pired term  and  a  President  of  the  Common  Council  in  his  place. 
(As  amended  by  chapter  806,   Laws  of  1895,   sec.  7.) 


72  Charter  of  the  City  of  Albany. 

A  misdemeanor  for  candidate  for  mayor  or  alderman  to  promise 
to  appoint  any  particular  person  to  office. 
§  8.  Any  person  a  candidate  for  the  office  of  Mayor  or  member 
of  the  Board  of  Aldermen  of  said  city,  or  who  is  proposed  or  put 
in  nomination  for  such  office,  who,  whether  in  consideration  or  in 
acknowledgment  of  his  receiving  such  nomination,  or  with  the 
view  or  for  the  puiijose  of  securing,  obtaining  or  receiving  the 
aid,  assistance,  service  or  support  of  any  person  or  persons  or 
associations  in  such  nomination,  or  in  promoting  his  election  to 
said  office  or  otherwise,  agrees  or  promises,  either  directly  or  indi- 
rectly, expressly  or  impliedly,  to  appoint  or  not  to  appoint  or  to 
confirm  or  not  to  confirm  auy  particular  person,  or  any  person  or 
persons  of  any  particular  political  party  or  association  to  any 
office  to  which,  in  the  event  of  his  election,  he  is  or  may  be  by 
law  authorized  to  nominate  or  appoint  or  confirm,  shall  be  guilty 
of  a  misdemeanor,  and  on  conviction  shall  forfeit  his  office. 

Annual  message. 

§  9.  It  shall  be  the  duty  of  the  Mayor: 

1.  To  •communicate  to  the  Common  Council,  at  least  once  in 
every  year,  a  general  statement  of  the  finances,  government  and 
improvements  of  the  city. 

To  make  general  recommendations. 

2.  To  recommend  to  the  Common  Council  all  such  measures 
connected  with  the  security,  health,  cleanliness  and  ornamenta- 
tion of  the  city,  and  the  protection  and  improvement  of  its  gov- 
ernment and  finances,  as  he  shall  deem  expedient. 

To    call    out    and    command    police    and    firemen    in    case    of 
emergency. 

3.  To  call  out  and  command  the  police  and  firemen,  and  to  call 
together  the  citizens  and  commission  special  policemen  during  an 
emergency  and  for  the  time  tliereof,  and  take  all  proper  measures 
for  the  protection  of  the  city  and  its  property  and  tlio  lives  of  the 
citizens,  in  case  of  I'iot  or  disturbance.  Such  action  sliall  be 
taken  whenever  in  liis  discretion  he  shall  (l(H>m  an  emergency  so 
re(iuires,  and  his  commands  shall  be  in  all  respects  obeyed. 

To  enforce  ordinances. 

4.  To  be  vigilant  and  active  in  causing  the  ordinances  of  the 
city  and  laws  of  the  State  to  be  executed  and  enforced,  and  the 


The  Mayor.  73 

aflfairs  of  the  city  to  be  well  aud  economically  administereil,  money 
due  it  to  be  collected,  and  contracts  made  with  it  enforced,  and 
for  such  purpose  he  shall  have  poAver  to  call  together  for  consulta- 
tion and  co-operation  all  other  city  officers,  boards  and  commis- 
sions, and  it  shall  be  his  duty  to  compel  the  performance  of  the 
duties  of  their  respective  offices  by  them,  and  in  case  of  non- 
performance,  to  suspend  them  from  office. 

To  preside  at  annual  meeting. 

5.  To  preside  at  the  annual  meeting  of  the  Common  Council, 
administer  the  oath  of  office  to  the  Aldermen  elect,  and  preside 
at  their  meetings  until  the  President  of  the  Common  Council  is 
elected;  and  when  the  Common  Council  is  organized  by  the  elec- 
tion of  a  President,  the  Mayor  shall  annually,  and  as  much  of  tenet 
as  he  may  deem  proper,  communicate  to  it  his  views  and  recom- 
mendations with  reference  to  city  government. 

Not  to  vote  except  in  case  of  a  tie. 

6.  The  Common  Council  shall  have  power,  while  presided  over 
by  the  Mayor,  and  before  electing  its  President,  to  transact  any 
necessary  city  business.  The  Mayor,  while  presiding  over  the 
Common  Council,  shall  not  have  any  vote,  except  in  cases  where 
there  shall  be  a  tie  vote  of  tlie  members  of  that  body. 

To  suspend  work. 

§  10.  The  Mayor  sliall  have  power  to  suspend  any  work  in 
progress  under  any  contract  in  which  the  city  is  a  party,  or  in 
any  way  interested,  at  any  time,  by  giving  written  notii.-e  thereof 
to  the  contractor  or  his  agent,  whereupon  the  work  shall  be  sus- 
pended for  a  period  not  exceeding  ten  days,  and  a  regular  meet- 
ing of  the  Board  of  Contract  and  Apportionment  shall  be  called 
by  the  Mayor  within  eight  days  after  the  said  service  of  notice. 

Investigation  to  be  ordered  in  case  work  is  suspended. 

§  11.  Whenever  any  work  has  been  suspended  and  notice  thereof 
given  to  the  Board  of  Contract  and  Apportionment,  it  shall  cause 
an  investigation  to  be  made,  aud  may  continue  such  suspension, 
aud  thereafter,  after  notice  to  aud  a  hearing  of  the  contractor,  in 
its  discretion  vacate  the  contract  and  award  a  new  contract  in 
the  manner  prescribed  in  this  act,  but  such  vacating  of  the  con- 
tract shall  not  affect  any  liability  on  the  contractor's  bond. 


74  Charter  of  the  City  of  Albany. 

To  suspend  officers  for  neglect  of  duty. 

§  12.  The  Mayor  shall  have  power  at  any  time  to  suspend,  for 
neglect  or  omission  to  perform  the  duties  of  his  office,  for  inatten- 
tion to  such  duties,  or  incompetency  well  and  efficiently  to  exe- 
cute the  same,  any  officer  holding  an  office  to  which  the  Mayor 
has  the  power  of  appointment  absolutely,  or  subject  to  the  con- 
firmation of  the  Common  Council. 

Proceedings  in  case  of  suspension. 

§  13.  Whenever  any  officer  is  suspended  by  the  Mayor,  notice 
thereof  shall  be  given  by  the  Mayor  to  the  Common  Council  at 
its  next  meeting.  It  shall  thereupon  be  the  duty  of  the  President 
of  the  Common  Council,  within  five  days  thereafter,  to  notify  the 
Recorder  of  the  city  and  the  Law  Committee  of  the  Common 
Council  of  said  city  of  such  fact,  and  that  they  are  required  to 
meet  with  him  at  a  time  and  place  designated  in  such  notice, 
at  which  time  and  place  such  President  of  the  Common  Council, 
Recorder  and  Law  Committee  shall  meet,  and  at  such  meeting  the 
Recorder  shall  preside.  Ten  days'  notice  of  such  meeting  shall  be 
given  to  the  officer  so  suspended,  or  to  his  attorney.  The  afore- 
said persons  shall  constitute  a  commission  and  shall  try  such 
officer,  upon  written  charges  to  be  made  by  the  Mayor.  Said 
commission  shall  have  power  to  adjourn  from  time  to  time,  to 
prescribe  rules  for  its  proceeding,  and  for  giving  notice  thereof, 
to  send  for  persons  and  papers,  to  issue  subpoenas,  and,  by  its 
presiding  officer,  to  administer  oaths  and  fully  investigate  such 
charge,  and  said  commission  may,  in  its  discretion,  if  good  cause 
be  shown  therefor,  dismiss  said  officer  and  declare  his  office, 
appointment  or  employment  vacant  and  terminated;  thereupon  his 
office  and  position  shall  be  and  become  vacant  and  tenninated, 
and  shall  be  filled  by  the  Mayor  as  in  case  of  vacancy  by  death  or 
resignation.  The  commission  shall  preserve  order  at  its  meetings, 
and  any  person  who  shall  be  guilty  of  any  improper  act,  speech  or 
behavior  at  such  meetings  shall  be  punished  in  the  same  manner 
as  if  guilty  of  a  contempt  in  legal  proceedings  pending  before  the 
Recorder.  The  Clerk  of  the  Common  Council  shall  attend  the 
meetings  and  act  as  clerk  of  said  commission.  Any  question  shall 
be  decided  and  a  decision  shall  be  made  by  a  majority  of  the  com- 
missioners. The  record  of  its  proceedings  shall  be  filed  in  the 
office  of  the  Clerk  of  the  Common  Council.  In  the  event  of  no 
dismissal  the  city  shall  pay  to  the  officer  so  charged  the  costs 


The  Mayor.  75 

and  expenses  of  his  defense.  In  case  the  Mayor  deem  it  necessary 
he  may  appoint  any  person  or  persons  to  perform  the  duties  or 
continue  and  tal^e  charge  of  the  affairs  of  the  office  or  officer  sus- 
pended until  the  matter  be  investigated  and  determined. 

To  fill  vacancies. — No   person   eligible  who   holds  other  office. 

§  14.  The  Mayor  shall  till  by  appointment,  until  the  next  charter 
election,  any  vacancy  which  may  occur  by  reason  of  death, 
removal  or  resignation  of  any  elective  city  officer,  except  a  mem- 
ber of  the  Common  Council  and  its  Clerk,  and  in  case  of  the  death, 
removal  or  resignation  of  any  officer  appointed  by  the  Mayor, 
such  vacancy  shall  be  filled  by  the  Mayor  in  the  manner  pre- 
scribed for  the  original  appointment,  except  as  to  the  Commis- 
sioners of  Washington  park,  a  vacancy  in  which  board  shall  be 
filled  as  already  provided  for;  provided,  however,  that  no  person 
shall  be  eligible  to  be  appointed  to  any  such  office  or  upon  any 
commission,  or  to  retain  or  to  hold  any  such  office  or  his  place 
upon  any  city  commission,  who  holds  any  other  office  under  the 
city  government,  or  any  office  of  profit  under  the  State,  county 
or  city  government,  officers  of  the  national  guard,  the  office  of 
notary  public,  commissioner  of  deeds  or  callmen  or  call  members 
of  the  Fire  Department  alone  excepted;  and  provided,  further, 
that  the  Mayor  shall  always  faithfully  keep  and  observe  the  non- 
partisan or  bipartisan  character  of  each  and  every  board  or  com- 
mission of  said  city  organized  as  such  in  making  any  or  all 
appointments  thereto. 

(As  amended  by  chapter  806.  Laws  1895,  sec.  8.) 

To  examine  book,  vouchers,  etc. 

§  15.  The  Mayor  shall  have  power  at  all  times  to  examine  the 
books,  vouchers  and  papers  of  any  department,  officer  or  employe 
of  said  city,  or  of  any  officers  paid  wages  or  salaries  by  its  Cham- 
berlain, and  of  the  Excise  Commissioners,  and  to  summon  and 
examine,  under  oath,  any  person  in  connection  therewith. 

May  employ  an  expert. 

§  16.  He  shall  also  have  power,  if  he  deem  it  necessary,  to 
employ  once  in  each  year,  but  not  for  a  longer  period  than  two 
months,  an  expert  to  examine  the  books,  vouchers  and  papers  of 
any  department,  officer  or  employe  charged  with  the  receipt  and 
disbursement  of  public  moneys. 


76  Charter  of  the  City  of  Albany. 

General  duties. 

§  17.  He  shall  perform  all  such  duties  as  may  be  prescribed  for 
him  by  the  city  ordinances  and  the  laws  of  the  State,  and  be 
responsible  for  the  good  and  efficient  government  of  the  city. 

To  keep  record  of  official  correspondence,  etc. 

§  IS.  It  shall  be  the  duty  of  the  Mayor  to  cause  to  be  kept  in 
his  office  a  record  of  all  correspondence  affecting  the  interasts  of 
the  city  and  of  his  official  acts,  and  to  receive  and  cause  to  be 
placed  in  some  secure  place  all  inventories  of  city  property  and 
official  bonds  given  to  said  city. 

To  appoint  Chamberlain  and  other  officers. — Mayor  to  designate 
and  Common  Council  to  confirm. 
§  19.  The  Mayor  shall  biennially  appoint  a  Chamberlain,  a 
Receiver  of  Taxes,  a  City  Engineer  and  Surveyor,  a  Street  Com- 
missioner, a  City  Marshal,  an  Inspector  of  Weights  and  Measures, 
an  Overseer  of  the  Poor,  a  Superintendent  of  the  Alms-house,  and 
one  city  physician;  said  appointments  (except  the  Chamberlain 
and  Receiver  of  Taxes,  who  shall  be  appointed  on  the  eve  of  the 
feast  day  of  St.  Michael  the  Archangel)  shall,  within  two  months 
after  the  commencement  of  the  Mayor's  term  of  office,  be  sent  to 
the  Common  Council  for  confirmation,  and  must  be  considei-ed  by 
that  body  at  the  meeting  at  which  they  are  pi^sented,  and  unless 
rejected  at  such  meeting  or  at  the  next  regular  meeting  there- 
after, by  a  majority  of  all  the  members  elected  to  said  Common 
Council,  shall  stand  confirmed.  The  appointment  of  the  Chamber- 
lain and  Receiver  of  Taxes  shall  be  sent  to  and  be  acted  upon  by 
the  Common  Council  and  be  confirmed  in  the  same  manner  as  the 
other  appointments  named  in  this  section.  Whenever  by  the  pro- 
visions of  this  act  or  of  any  other  law  the  Common  Council  is 
authorized  to  itself  name  or  appoint  any  officer  or  the  member  of 
any  board  or  commission  in  the  city  of  Albany  to  fill  any  vacancy 
by  reason  of  expiration  of  term  or  otherwise  in  any  su'ch  office, 
board  or  commission,  except  when  it  is  directed  to  appoint  or  des- 
ignate members  of  its  own  body  for  any  position  and  except  when 
appointments  are  made  under  title  three  of  this  act,  it  shall  be 
consti-ued  to  mean  that  a  proper  person  to  act  as  such  officer  or 
commissioner  or  member  of  such  board  shall  be  nominated  by  the 
Mayor  of  the  city  of  Albany  to  the  Common  Council  thereof,  and 
shall  be  by  said  Common  Council  rejected  or  confirmed  as  in  this 


The  Mayor.  11 

section  above  specified,  and  any  vacant-y  in  sucli  office,  board  or 
commission  shall  hereafter  be  so  filled. 

(As  atneuded  by  chapter  302,  Laws  of  1885,  sec.  7.) 

To  appoint  assessors. 

§  20.  The  Mayor  shall,  within  ten  days  after  the  passage  of  this 
act,  appoint  throe  assessors,  whose  terms  of  office  shall  commence 
upon  the  expiration  of  the  term  of  office  of  the  present  assessors, 
which  is  hereinafter  provided  for,  and  the  terms  of  office  of  the 
aforesaid  three  assessors  shall  (subject  to  section  twelve  of  title 
four  of  this  act)  expire  as  follows:  One  at  noon  on  the  first  Tues- 
day of  May,  in  the  year  eighteen  hundred  and  eighty-four;  one  at 
noon  on  the  first  Tuesday  of  May,  in  the  year  eighteen  hundred 
and  eighty-five,  and  one  at  noon  on  the  first  Tuesday  of  May,  in 
the  year  eighteen  hundred  and  eighty-six;  and  the  Mayor  shall 
hereafter  annually,  on  the  first  Tuesday  of  May  in  each  year, 
appoint  one  assessor,  who  shall  hold  office  for  the  term  of  three 
years.  The  term  of  office  of  the  present  assessors  of  the  city  of 
Albany  shall  expire  ten  days  after  the  passage  of  this  act. 

Other  appointments  by  Mayor. — Inspector  of  Markets. 

§  21.  The  Mayor  shall  biennially  (and  within  three  months  after 
the  commencement  of  his  term  of  oflice)  appoint  by  filing  a  cer- 
tificate or  certificates  of  appointment  with  the  Clerk  of  the  Com- 
mon Council  (which  ^certificates  shall  be  presented  by  said  Clerk 
to  the  Common  Council  at  its  next  meeting  and  printed  in  its 
journal),  one  Corporation  Counsel,  six  District  Physicians,  four 
city  bell-ringers,  and  such  clerks  and  subordinates,  not  to  exceed 
two,  as  he  may  require  to  aid  him  in  the  discharge  of  his  official 
duties.  Such  bell-ringers,  clerks  and  subordinates  to  hold  their 
positions  at  the  pleasure  of  the  Mayor.  The  Mayor  may  also 
appoint,  and  at  pleasure  remove,  one  Inspector  of  Markets,  who 
shall  receive  a  salary  to  be  fixed  by  the  Common  Council,  not 
ex-ceeding  twelve  hundred  doUar.s.  payable  out  of  the  rents,  fees 
and  charges  received  from  the  markets,  and  who  sliall  perform 
such  duties  relating  to  the  markets  as  may  be  imposed  upon  him 
by  ordinance  of  the  Common  Council. 

(As  amended   by  chapter  64,   Laws  of  1890,   sec.   2.) 

To  appoint  janitor  of  city  building. 

§  22.  He  shall  also  and  within  the  like  time  appoint  a  janitor  at 
a  salary  of  nine  hundred  dollars  per  annum,  who  shall  have  the 


78  Charter  of  the  City  of  Albany. 

care  of  the  city  building  on  South  Pearl  street,  and  shall,  under 
the  written  direction  of  the  Mayor,  to  he  filed  with  the  Chamber- 
lain, provide  for  the  repair,  care  and  cleaning  thereof,  the 
expenses  of  which  shall,  after  they  have  been  properly  exam- 
ined and  audited  by  the  Common  Council  and  approved  by  the 
Mayor,  be  paid  by  the  Chamberlain. 

Assistant  janitor. 

§  23.  Said  janitor  shall  have  the  power  of  appointing,  if  neces- 
sary, one  man,  with  the  approval  of  the  Mayor,  at  a  compensation 
of  fifty  dollars  per  month,  for  a  period  of  six  months  in  each 
year,  to  assist  him  in  the  discharge  of  his  duties.  Such  man,  when 
appointed,  to  be  paid  by  the  Chamberlain  on  the  certificate  of  the 
janitor.  \ 

Mayor  may  recommend  further  assistance  to  officers  and  Com- 
mon Council  may  allow  same. 
§  24.  When  any  tity  ofticer  shall  certify  to  the  Mayor  that  any 
further  assistance  is  necessary  to  enable  him  to  perform  the  duties 
of  his  office,  stating  the  time,  not  exceeding  three  months,  during 
which  such  necessity  will  exist,  and  the  reason  or  cause  and  the 
expense  thereof,  the  mayor  may  in  his  discretion  recommend  to 
the  Common  Council  that  such  further  assistance  be  given  to  said 
officer.  If  the  Common  Council,  by  a  four-fifths  vote  of  all  the 
members  elected  thereto,  shall  approve  thereof,  such  assistance 
shall  be  allowed  to  such  officer  for  such  time  as  the  Common 
Council  may  prescribe,  not  exceeding  the  time  certified  to  by  such 
officer,  and  such  expenditure  of  money  therefor  to  be  paid  out  of 
any  money  in  the  Chamberlain's  hands  not  otherwise  appro- 
priated, shall  be  authorized  by  the  Common  Council,  not  exceed- 
ing the  amount  certified  by  such  officer,  as  shall  be  proper,  pro- 
vided that  no  action  shall  be  taken  by  the  Common  Council  in  the 
premises  at  the  same  meeting  at  which  the  recommendation  of  the 
Mayor  shall  bo  received. 

Issuing  of  park  bonds. 

§  25.  Before  issuing  any  bonds,  as  provided  for  in  the  various 
acts  relating  to  Washington  park,  in  the  city  of  Albany,  the  Board 
of  Commissioners  of  Washington  park  shall  pass  a  resolution 
providing  for  the  issuing  of  said  bonds,  and  shall  thereupon  cause 
a  written  copy  of  such  resolution  to  be  transmitted  to  the  Mayor 
of  the  city  of  Albany.    If  he  approve,  he  shall  sign  it;  if  not,  he 


Corporation  Counsel.  79 

shall,  within  ten  days,  return  the  same,  with  his  objections  thereto, 
to  the  secretary  of  said  Board  of  Commissioners.  The  said  board 
shall,  at  its  next  regular  meeting  thereafter,  cause  the  objections 
to  be  entered  at  length  in  its  journal;  and  if  four-fifths  of  all  the 
members  of  said  board  shall  agree  to  pass  the  same,  then  the 
bonds  shall  be  issued  notwithstanding  the  objections  of  the 
Mayor,  otherwise  said  resolution  shall  not  become  a  law,  and  said 
bonds  shall  not  be  issued. 

TITLE  V. 
Corporation  Counsel. 

Assistant  Corporation  Counsel. — Officer. — Salary. 

§  1.  The  Corporation  Counsel  shall  appoint,  by  a  certificate  in 
writing  to  be  filed  Avith  the  Clerk  of  the  Common  Council,  un 
Assistant  Corporation  Counsel,  who  shall  hold  his  office  during  the 
pleasure  of  the  Corporation  Counsel,  and  shall  be  paid  by  the 
Corporation  Counsel  from  his  own  salary;  he  shall  also  appoint 
one  officer,  who  shall  continue  as  such  during  the  pleasure  of  the 
said  Corporation  Counsel,  and  shall  discharge  such  duties  appei-- 
taiuing  to  the  office  as  such  Corporation  Counsel  shall  direct;  such 
officer  shall  receive  an  annual  salary  of  twelve  hundred  dollars. 
The  increase  of  salary  herein  provided  for  shall  be  paid  by  the 
Chamberlain  of  the  city  of  Albany,  as  such  salary  is  now  paid, 
and  in  case  the  moneys  appropriated  for  the  pui-pose  of  paying 
such  salary  during  the  year  eighteen  hundred  and  ninety-two 
shall  be  inadequate  for  this  purpose,  then  the  Chamberlain  of  said 
city  is  hereby  authorized  and  directed  to  pay  the  same  our  of  any 
funds  in  his  custody  not  specifically  appropriated  for  any  other 
use  or  purpose;  and  if  such  funds  shall  prove  insufficient,  then  the 
amount  of  such  deficiency  shall  be  inserted  in  the  next  annual 
tax  budget  and  raised  by  tax  and  paid  to  the  person  entitled  to 
receive  it. 

(As  amended  by  chapter  398,   Laws  of  1888,   sec.   1,   and   chapter 
171,   Laws  of  1892,   sec.  8.) 

Salary. 

§2.  The  Corporation  Counsel  shall  receive  an  annual  salary  of 
six  thousand  dollars,  payable  monthly,  and  shall  receive  no  fees 
or  other  compensation  of  any  kind  whatever,  except  the  costs  and 
allowances  in  suits,  as  hereinafter  provided,  but  all  costs,  allow- 
ances and  disbursements  in  proceedings  for  the  opening  of  streets 


80  Charter  of  the  City  of  Albany. 

or  taking  real  property   for  public  uses   shall   be   collected   and 
paid  over  to  the  City  Chamberlain. 

(As  amenclecl  by  chapter  806,   Laws  of  1895,   sec.  9.) 

Official  bond. 

§  3.  He  shall,  within  ten  days  after  notice  of  his  appointment, 
execute  a  bond  to  the  city  of  Albany,  in  the  penalty  of  live  thou- 
sand dollars,  with  two  sutficient  sureties  (to  l)e  approved  by  tli'^ 
Mayor)  who  shall  justify  in  twice  the  amount  of  the  bond.  Such 
bond  shall  be  conditioned  for  the  faithful  performance  by  the 
Corporation  Counsel  of  all  the  duties  of  his  office  and  the  account- 
ing for  and  payment  of  all  moneys  belonging  to  the  city  coming 
into  his  hands. 

Duties. 

§  4.  He  sluill  be  and  act  as  the  legal  adviser  of  the  Common 
Council  and  of  the  several  officers,  boards  and  commissions  of 
the  citj',  and  such  officers,  boards  and  commissions  shall  not 
employ  other  counsel. 

Duties. — Not  to  serve  county. 

§  5.  He  shall  appear  for  and  protect  the  rights  and  interests  of 
the  city  in  all  actions,  suits  and  proceedings  brought  by  and 
against  it  or  any  city  officer,  board  or  commission  of  the  city  in 
his  or  its  official  capacity.  But  it  shall  not  be  his  duty  to  appear 
for  or  defend  the  actions  of  a  city  officer  when  such  act  was  by 
law  performed  for  and  in  the  interests  of  the  county. 

Certificate  to  be  indorsed  by  him  on  contracts  and  bonds. — To 
draw  deeds,  etc. 
§  6.  No  written  contract  providing  for  the  payment  of  two  hun- 
dred and  fifty  dollars  or  more  entered  into  by  the  city  or  any  of 
its  officers,  boards  or  commissions  shall  be  acted  under  until  there 
shall  be  indorsed  thereon,  by  the  Corporation  Counsel  or  his 
assistant,  a  certificate  to  the  effect  that  the  •city  officer,  board  or 
commission  which  has  executed  the  same  on  behalf  of  the  city 
had  authority  and  power  to  make  such  contract,  and  that  such 
contract  is  in  proper  form  and  properly  executed,  and  no  bond 
(except  those  provided  for  in  section  ten  of  title  eighteen  of  this 
act)  shall  be  accepted  on  behalf  of  the  city  l)y  any  officer,  board 
or  commission  thereof  mitil  it  shall  have  had  indorsed  thereon  a 
certificate,  signed  by  the  Corporation  Counsel,  or  his  assistant,  to 


Corporation  Counsel.  81 

the  effect  that  such  bond  is  proper  iu  its  provisions  and  properly 
executed,  and  that  it  appears  on  the  facL"  thereof  that  the  sureties, 
if  anj',  required  by  law  have  properly  justified  and  executed  the 
same.  The  Corix)ratiou  Counsel  shall  draw  all  the  deeds  and 
leases  to  be  made  by  the  city,  and  whenever  requested  by  the 
Mayor  or  directed  by  resolution  or  ordinance  of  the  Common 
Council,  he  shall  prepare  and  draw  up  any  contract  or  other  i^aper 
thereby  required. 

To  conduct  proceedings  to  acquire  title  to  lands. 

§  7.  He  shall  conduct  all  proceedings  taken  by  the  city,  or  any 
officer,  board  or  commission  thereof,  for  the  acquiring  of  land  by 
the  exercise  of  the  right  of  eminent  domain,  and  for  the  opening, 
widening  or  altering  of  any  street,  avenue  or  lane  in  said  city,  or 
for  any  other  purpose. 

Costs  and  allowances. 

§  8.  He  shall  be  entitled  to  receive,  in  cases  in  which  the  city 
shall  be  successful,  all  costs  and  allowances  which  shall  be  col- 
lectible from  the  adverse  party,  but  shall  repay  to  the  City 
Chamberlain  all  amounts  disbursed  in  the  progress  of  such  suits 
(and  which  were  taxable  as  disbursements  in  such  suits),  which 
shall  have  been  paid  by  the  City  Chamberlain,  whenever  and  as 
soor>  as  such  amounts  are  collected. 

To  pay  over  money  collected  to  Chamberlain. — Inventory. 

§9.  He  shall  pay  over  at  once  to  the  City  Chamberlain  all 
moneys  collected  by  him  for  or  on  its  behalf,  and  also  all  fines 
and  penalties.  He  shall  annually  and  on  the  first  Tuesday  of 
June  in  each  year  file  with  the  Mayor  of  the  city  an  inventory  of 
all  the  books  and  property  belonging  to  the  city  in  his  custody  or 
care. 

May  settle  claims  subject  to  approval. — Amount  in  agreement, 

how  paid. 

§  10.  He  shall,  whenever  he  considers  that  the  best  interests  of 

the  city  will    be  subserved  thereby,   enter   into   agreements,   in 

wi'iting,   subject    to  the  approval    of  the  Mayor   and   Board   of 

Finance,  to  compromise  and  settle  any  claims  against  the  city, 

which  agreement  shall  be  forthwith  submitted  to  the  Mayor,  who 

sliall,  if  he  approves  of  it,  recommend  its  adoption  by  the  Board 

of  Finance,  and  if  approved  by  the  Board  of  Finance  such  agree- 

6 


82  Charter  of  the  City  of  Albany. 

ment  shall  be  reported  to  the  Common  Council  at  its  next  meeting, 
and  bo  and  constitute  a  valid  obligation  against  the  city,  and  the 
amounts  therein  provided  and  to  be  paid  shall,  with  interest 
thereon  at  six  per  centum  from  its  date,  be  included  in  the  next 
city  tax  budget,  and  when  raised  by  tax  be  paid  to  the  claimant. 
If,  however,  before  the  adoption  of  said  ■city  tax  budget  there 
shall  be  received  by  the  Chamberlain  of  said  city  from  any  source 
any  moneys  not  otherwise  appropriated  to  any  specific  use,  said 
amounts  in  said  agreements  provided  to  be  paid  shall  be  paid  out 
of  said  moneys  so  received,  so  far  as  said  moneys  will  satisfy 
the  same. 

(As   amended  by  chapter  286,   Laws  of  1891,   sec.   29.') 

Counsel  in  important  cases,  employment  of. 

§].].  The  Corporation  Counsel,  with  the  written  consent  of  the 
Mayor,  may  employ  counsel  at  such  compensation  as  may  be 
agreed  upon,  to  assist  him  in  the  management  and  conduct  of 
important  cases  or  proceedings  in  which  the  city  is  interested  or 
a  party. 

To  report  judgments  against  city. — Amount,  how  raised  and 
paid. — Execution  shall  not  issue,  exception. — Payment  from 
revenues. 
§  12.  The  amount  of  any  judgment  recovered  against  the  city  of 
Albany  and  payable  by  said  city,  and  remaining  unpaid,  with  the 
interest  due,  and  to  become  due  thereon,  in  case  no  appeal  is 
intended  to  be  taken  or  in  case  such  judgment  is  finally  afflmied 
on  an  appeal  taken,  shall  be  reported  by  the  Corporation  Counsel 
to  the  Common  Council  immediately  after  the  same  shall  have 
become  payable;  and  such  amount  shall  be  raised  in  the  next  levy 
of  taxes  for  the  expenses  of  the  said  city.  Such  judgment  shall 
be  paid  out  of  the  first  moneys  paid  into  the  city  treasury  on 
account  of  such  levy,  in  the  order  of  their  recoveiy.  Until  the 
money  so  raised  shall  be  paid  into  the  troasuiy  and  payment  of 
said  judgments  refused  by  the  Chamberlain  of  the  city,  no  execu- 
tion shall  issue  against  the  said  city,  unless  the  amount  of  such 
judgment  shall  not  have  been  included  in  the  tax  levy  as  afore- 
said; provided,  nevertheless,  if  there  be  any  moneys  in  the  treas- 
ury to  the  credit  of  the  fund  derived  from  the  revenues  of  the 
city  other  than  taxation,  sufficient  to  satisfy  said  judgments,  the 
Common  Council  shall  direct  the  payment  therefrom  of  said 
judgments  in  the  order  of  their  recovery. 

(Added  by  chapter  286,  Laws  of  1891,  sec.  30.) 


Chamberlain.  83 

TITLE    VI. 

Chambeklain. 
Chamberlain,   duties  of. 

Section  1.  The  Chamberlain  of  the  city  of  Albany  shall  receive 
all  the  moneys  due,  or  payable  to  the  corporation,  and  shall  collect 
all  assessments,  apportionment  and  rents. 

§  2.  He  shall  receive  and  disburse  all  moneys  raised  by  tax  in 
the  city,  including  the  money  raised  by  county  tax  for  the  main- 
tenance of  the  alms-house  therein. 

Salary. — Deputy. — Clerk. 

§  3.  He  shall  receive  a  salary  of  thirty-five  hundred  dollars  per 
year,  payable  monthly.  He  shall  have  power  to  appoint  a  Deputy 
Chamberlain,  with  the  approval  of  the  Mayor,  who  shall  receive 
a  salary  of  fifteen  hundred  dollars  per  year,  payable  monthly.  He 
may  also  employ  such  additional  clerical  assistance  as  to  him  may 
seem  necessary,  at  an  expense  not  to  exceed  the  sum  of  one 
thousand  dollars  per  year.  Said  deputy  shall  assist  the  Chamber- 
lain in  the  discharge  of  his  duties,  and,  together  with  any  addi- 
tional clerks,  be  subject  to  his  direction  therein  and  may  be  dis- 
missed by  him. 

(As  amended  by  chapter  64,   Laws  of  1890,   sec.   3.) 

Official  bonds. 

§  4.  The  Chamberlain  and  his  deputy  shall  each  give  a  bond  to 
the  city,  with  sureties,  to  be  approved  by  the  Mayor,  in  such 
penalty  as  the  Common  Council  may  direct,  but  not  less  than  ten 
thousand  dollars  in  the  case  of  the  Chamberlain,  conditioned  for 
the  faithful  performance  of  the  duties  of  such  office,  and  the 
accouuting  for  and  paying  over  of  all  moneys  coming  into  his 
hands.  ' 

Board  of  audit. — False  swearing  to  be  perjury. 

§5.  The  Mayor,  Chamberlain  and  President  of  the  Common 
Council  shall  be  a  board  of  audit  and  shall  examine,  audit,  adjust 
and  settle  all  accounts,  claims,  debts  and  demands  which  are 
payable  out  of  the  moneys  in  the  Chamberlain's  hands  appropri- 
ated to  the  maintenance  of  the  alms-house;  and  in  auditing  any 
claim  such  board  is  authorized  to  issue  subpoenas  to  the  claimants 
or  any  other  person  to  compel  their  attendance  before  it;  and  to 
examine  any  person  or  persons  under  oath,  to  be  administered  by 


84     '  Charter  of  the  City  of  Albany. 

it,  in  regard  to  any  accounts,  claims,  fJebts,  or  demands.  Such 
examination  shall  be  reduced  to  writing,  and  be  signed  by  the 
person  examined.  False  swearing  on  such  examination  shall  con- 
stitute the  offense  of  perjury,  and  a  failure  or  refusal  to  obey 
any  subpoena  so  issued  shall  be  punishable  by  the  County  Court 
of  Albany  county,  on  proof  of  such  failure  or  refusal,  in  like 
manner  as  a  failure  or  refusal  to  obey  a  subpoena  issued  out  of 
such  court. 

Certificate  of  allowance. 

§  6.  AVhenever  a  claim  of  the  nature  mentioned  in  the  last  sec- 
tion shall  be  allowed  by  the  said  board,  in  whole  or  in  part,  there 
shall  be  attached  thereto,  or  indorsed  thereon,  a  certificate  of 
allowance,  to  be  subscribed  by  the  persons  in  favor  of  the  allow- 
ance, specifying  the  amount  at  which  it  is  allowed,  the  name  of 
the  claimant  and  the  date,  and  the  account  shall  thereupon  be 
paid  by  the  Chamberlain  if  there  be  money  in  his  hands  properly 
applicable  to  the  pajanent  thereof. 

Reasons  for  disallowance  to  be  filed  with  claim. 

§  7.  Whenever  a  claim  shall  be  disallowed  in  whole  or  in  part, 
the  Chamberlain  shall  file  in  his  office,  with  the  original  bill,  the 
examination,  if  any,  had  before  said  board,  and  also  a  memo- 
randum stating  the  reason  for  such  disallowance. 

Claims  to  be  presented  in  form  of  accounts. 

§  S.  All  such  claims  and  demands  must  be  presented  in  the 
form  of  accounts,  itemized  and  verified  as  hereinbefore  pro- 
vided for. 

Report  of  claims  audited. 

§  9.  It  shall  be  the  duty  of  the  Chamberlain  to  report  to  the 
Common  Council,  within  twenty  days  after  the  audit  by  said 
board  of  any  bill  or  claim,  briefly  the  number  of  such  bill  or 
claim,  the  amount  thereof,  the  name  of  the  claimant,  the  nature 
of  the  work  done  or  materials  furnished,  which  statement  shall 
be  filed  with  the  Clerk  of  the  Common  Council  and  be  by  him 
presented  to  and  printed  in  the  journal  of  that  body. 

Chamberlain  to  pay  accounts,  etc. 

§  10.  The  Chamberlain  shall  pay  all  accounts,  claims,  debts 
v.vA  demands  in  which  the  city  of  Albany  is  concerned.     Such 


Chamberlain.  85 

claims  as  are  audited  by  tlie  Common  Couucil  shall  be  paid  upon 
the  presentation  of  the  original  itemized  voucher  of  the  claim, 
debt  or  demand,  certitied  to  bj^  the  Clerk  of  the  Common  Couucil 
that  the  same  has  beeu  audited  and  allowed  by  the  Common 
Council  and  approved  by  the  Mayor.  And  it  shall  not  be  lawful 
for  the  Chamberlain  to  pay  any  claim,  debt  or  demand  unless 
so  certified  to,  except  where  by  express  provision  of  law  the 
Chamberlain  is  directed  to  pay  such  claims,  debts  or  demands 
on  the  warrant  of  some  citj'  officer,  board  or  commission,  and 
except  claims  duly  audited  and  payable  out  of  the  alms-house 
appropriation;  and  excepting  the  customary  disbursements  of  the 
Board  of  Finance,  which  may  be  paid  without  such  voucher,  but 
which  shall  be  charged  and  included  in  a  schedule  to  be  presented 
to  the  Common  Council,  at  its  regular  monthly  meeting. 

Claims  exceeding  twenty-five  dollars  to  be  paid  by  checks. 

§  11.  All  claims  exceeding  twenty-five  dollars  shall  be  paid  by 
checks  on  the  bank  in  which  thef  moneys  of  the  city  shall  be 
deposited.  Such  checks  must  be  signed  by  the  Chamberlain  and 
countersigned  by  the  Receiver  of  Taxes. 

Monthly  report  of  moneys  received  and  expended. — Account 
books. 
§  12.  It  shall  be  the  duty  of  the  Chamberlain  to  report  to  the 
Common  Council,  once  in  each  month,  the  amount  of  moneys 
received  by  him  during  the  preceding  month,  and  from  what 
sources  received,  and  the  amount  expended  for  each  of  the  depart- 
ments, boards  or  commissions,  which  report  shall  be  printed  in 
the  journal  of  that  body.  He  shall  keep  just  and  true  accounts 
and  books  of  all  the  affairs  thereof,  and  shall  furnish  statements 
of  its  affairs,  in  addition  to  his  monthly  reports,  whenever 
required  by  the  Mayor,  Common  Council  or  Board  of  Finance. 

Annual  report  to  be  made  and  what  to  contain.— Annual  state- 
ment to  be  furnished  by  board,  departments,  etc. 
§  13.  It  shall  be  the  duty  of  the  Chamberlain  to  report  to  the 
Common  Council  at  its  first  regular  meeting  in  November  in  each 
year,  the  amount  received  by  him  for  and  on  account  of  each  of 
the  several  city  officers,  commissions,  boards  and  departments  of 
the  city,  including  the  alms-house,  and  the  sources  from  which  the 
several  amounts  were  received.  He  shall  also  state,  under  oath, 
the  expenditures  made  by  him  for  the  several  purposes  of  such 


86  Charter  of  the  City  of  Albany. 

oflBcer,  commissiou.  board  and  department  as  much  in  detail  as 
practicable,  and  also  the  balance  appearing  by  his  books  to  the 
credit  of  each.  It  shall  be  the  duty  of  each  commission,  board, 
department  and  officer  authorized  to  contract  for  the  doing  of 
any  work  or  the  furnishing  of  any  materials  or  to  incur  any  lia- 
bility therefor,  which  is  to  be  paid  for  out  of  any  funds  in  the 
hands  of  the  Chamberlain,  to  furnish  to  said  Chamberlain  ou 
the  thirty-first  day  of  October  in  each  year  a  detailed  statement, 
duly  verified,  showing  what  claims  or  demands,  except  for  sala- 
ries, wages  and  rent,  have  arisen  or  been  incurred  by  or  under 
their  or  his  order  or  direction  respectively  up  to  that  date  which 
have  not  been  paid  by  the  Chamberlain,  and  the  Chamberlain 
shall  make  an  abstract  of  such  reports  and  include  such  abstract 
in  his  report  to  the  Common  Council. 

Report  as  to  assessment  payments  and  sales. 

§  14.  The  Chamberlain  shall  also  report  the  actual  amount  of 
money  which  shall  have  been  received  at  his  office  during  the 
year  ending  ou  the  first  day  of  said  November,  on  account  of 
each  assessment  and  apportionment  for  any  work  and  improve- 
ments or  for  the  change  of  grade  or  level  of  streets  which  shall 
have  been  approved  and  confirmed  during  said  year,  the  manner 
in  which  he  has  disposed  of  the  money  so  received,  and  the  real 
estate  or  other  property  purchased  by  him  for  the  city  because 
of  the  non-payment  of  any  tax  or  assessment  upon  such  property, 
and  the  aggregate  sum  for  which  said  property  was  purchased, 
which  sum,  or  any  portion  thereof  that  may  be  due  by  reason  of 
such  purchase,  with  interest  thereon  to  the  first  day  of  January 
thereafter,  shall  be  included  in  the  city  tax  budget,  be  raised  by 
tax  and  paid  to  the  parties  entitled  thereto.  The  amount  which 
may  be  realized  by  the  city  from  collections,  or  from  the  sale  of 
any  property  for  the  non-payment  of  such  balances,  and  all 
moneys  received  from  the  sale  of  any  real  estate  owned  by  the 
citj'.  when  received,  shall,  from  time  to  time,  be  applied  to  and 
made  part  of  a  fund  to  be  created  for  the  purpose  of  defraying 
any  expense  thereafter  incurred  by  the  city  of  Albany  in  making 
any  of  the  purchases  in  this  section  referred  to. 

(As  amended  by  chapter  242,  Laws  of  1887,  sec.  1.  and  by  chap- 
ter 28G.   Laws  of  1891,  sec.  18.) 

Moneys  to  be  credited  trustees  of  sinking  fund. 

§  15.  All  moneys  received  by  the  Chamberlain  in  payment  of 
the  principal  of  the  loan  to  the  corporation  heretofore  known  as 


Oea  mberla  in.  8  7 

the  Albany  and  Schenectady  Railroad  Company,  or  any  part 
thereof,  or  in  payment  of  moneys  expended  for  the  purchase  of 
ground  or  otherwise  by  said  city  for  its  depot,  or  for  the  change 
of  the  eastern  termination  of  the  road  of  said  company, 
or  for  rent,  shall  be  credited  by  said  Chamberlain,  immedi- 
ately upon  the  receipt  thereof,  to  the  trustees  of  the  sinking  fund, 
to  be  by  them  applied  to  the  payment  of  the  public  debt  of  said 
ciy  hereinafter  referred  to. 

Moneys  to  be  collected  by  tax,  how  to  be  applied. 

§  IG.  The  moneys  collected  by  tax  or  other\vise,  for  the  expenses 
of  the  city  government,  or  for  any  specific  purpose  or  object 
whatever,  shall  be  applied  by  the  Chamberlain  to  the  payment  of 
such  expenses  and  for  such  purpose  or  object  and  to  no  other. 
And  it  shall  not  be  lawful  for  the  Chamberlain  to  apply  any 
money  collected  or  appropriated  for  one  purpose  to  any  other  pur- 
pose; nor  shall  it  be  lawful  for  the  Common  Council  to  direct 
or  order  him  to  do  so.  In  case  any  moneys  have  been  or  may 
hereafter  be  raised  by  tax  or  otherwise  by  the  corporate  authority 
of  the  city  for  any  specific  pui-pose  or  object,  and  that  purpose  or 
object  shall  have  been  fully  completed  and  accomplished,  and 
there  shall  remain  in  the  custody  of  the  Chamberlain  of  the  city 
any  unexpended  balances  of  the  moneys  raised  as  aforesaid,  it 
shall  be  the  duty  of  the  Chamberlain  and  he  is  hereby  required 
to  pay  over  any  such  balance  or  balances  on  the  first  day  of 
January  in  eat-h  year  to  the  trustees  of  the  general  debt  sinking 
fund  of  said  city,  and  the  same  shall  be  by  them  applied  and 
used  in  the  same  manner  as  other  moneys  received  by  them  are 
used  and  applied  in  the  payment  of  the  bonded  debt  of  the  city, 
according  to  the  provisions  of  section  three  of  title  eight  of  this 
act. 

Payments  to   contractors. 

§  17.  After  any  work  under  contract,  the  cost  of  which  is  to  be 
paid  by  assessment  or  apportionment,  shall  have  been  completed 
and  accepted,  and  the  assessment  and  apportionment  confirmed  as 
required  by  law,  and  proof  thereof  shall  have  been  filed  with  the 
Chamberlain,  the  said  Chamberlain  is  hereby  authorized  and 
directed  to  pay  to  the  ■contractor  or  his  assigns,  from  time  to 
time,  as  such  assessments  and  apportionment  are  collected,  the 
sum  or  sums  due  for  the  work  done  imder  said  contract,  together 
with  the  interest  thereon  from  the  fifteenth  day  after  the  con- 


88  Charter  of  the  City  of  Albany. 

firmation  of  said  assessment  and  apportionment,  at  the  rate  of 
six  per  cent,  per  annum;  and  in  case  the  Chamberlain  fails  to  col- 
lect the  whole  or  any  part  of  the  sum  due  on  said  apportionment, 
by  sale  of  the  premises  assessed  as  hereinafter  provided,  or  other- 
wise, then  he  is  authorized  and  directed  to  pay  said  contractor 
the  balance  due  out  of  any  moneys  in  his  hands  not  otherwise 
appropriated,  with  the  interest  thereon  as  aforesaid.  And  should 
the  moneys  in  the  hands  of  said  Chamberlain  prove  insufficient 
for  such  purpose,  then  the  amount  of  said  balance  shall  be  levied 
and  ■collected  in  the  next  annual  tax  budget. 

(As  amended  by  chapter  242,   Laws  of  1887,   sec.  2,  and  by  chap- 
ter 18,   Laws  of  1894,   sec.   1.) 

Houses  and  lots  to  be  advertised  and  sold. 

§  18.  It  shall  be  the  duty  of  the  Chamberlain  of  the  city,  as 
often  as  once  in  three  months,  and  at  such  other  times  as  the 
Common  Council  may  direct,  to  advertise  all  houses  and  lots  and 
franchises  upon  which  any  assessment  or  apportionment  has  been 
levied  and  confirmed,  and  to  sell  the  same  in  accordance  with 
the  provisions   of   this   act. 

Commissioner  of  Arrears. 

Chapter  806,  Laics  IS^J^,  §  11,  relates  to  the  duties  of  the  Chamberlain, 
and  is,  therefore,  inserted  : 

[§  11.  The  Chamberlain  of  the  city  of  Albany  shall,  between 
the  first  day  of  January  and  the  first  day  of  July,  eighteen  hun- 
dred and  ninety-five,  appoint  a  competent  person,  who  shall  be 
an  attorney  and  counselor-at-law,  and  shall  be  known  as  the 
"  Commissioner  of  Arrears,"  who  shall  examine  the  books  in  the 
office  of  the  Chamberlain  of  the  city  of  Albany  and  in  the  office 
of  the  County  Treasurer  of  Albany  county,  and  before  January 
first,  eighteen  hundred  and  ninety-six,  take  therefrom  transcripts 
and  prepare  a  schedule  of  all  sales  to  the  city  of  Albany  prior 
to  January  one,  eighteen  hundred  and  ninety-four,  for  unpaid 
assessments  in  the  Chamberlain's  office  and  for  unpaid  taxes  or 
water  rates  in  the  office  of  the  County  Treasurer,  and  shall,  by 
reference  to  the  map,  if  any,  upon  which  the  property  so  sold 
shall  be  laid  out,  or  from  any  other  record,  monument  or  source 
of  information  prepare  an  accurate  description  of  each  piece  of 
property  which  shall  have  been  sold,  and  shall  arrange  such 
descriptions  by  the  streets,  stating,  among  other  things,  the  side 
of  the   street  and  between   what   cross   streets  the   property   is 


Ghamberla  in.  8  9 

located,  aud  the  law,  resolutiou  or  other  authority  pursuant  to 
which  the  assessment  for  auy  city  improvement  was  made,  the 
date  of  confirmation  of  the  assessment,  and  the  date  of  the  sale, 
the  term  of  years  for  which  the  sale  was  made,  aud  the  amount 
paid  by  the  city  upon  such  sale,  together  with  interest  for  two 
years  succeeding  the  same,  at  the  rate  of  one  per  centum  per 
month,  or  up  to  January  one,  eighteen  hundred  and  uinety-six, 
and  the  aggregate  of  such  purchase  price  aud  the  interest.  He 
shall  thereupon,  immediately  after  January  oue,  eighteen  hun- 
dred and  ninetj--six,  cause  a  notice  (in  which  shall  be  incorpo- 
rated the  several  matters  of  description  and  the  several  amounts, 
together  with  the  laws  and  dates  aud  other  matter  required  to 
be  stated  in  such  schedule  so  to  be  prepared  by  said  Commissioner 
of  Arrears)  to  be  printed  in  the  several  newspapers  in  the  city  of 
Albany  designated  to  publish  official  notices,  once  in  each  weeli  for 
six  consecutive  weeks,  that  such  property  may  be  redeemed  from 
such  sale  or  sales,  or  any  or  either  one  of  them,  by  the  paymeul 
to  the  Chamberlain  of  the  city  of  Albany,  where  the  property  has 
been  sold  for  assessments  for  city  improvements,  or  to  the  County 
Treasurer  of  the  county  of  Albany  where  the  property  has  been 
sold  for  unpaid  taxes  or  unpaid  water  rates,  of  the  sum  or  sums 
so  found  to  have  been  paid  by  the  city  of  Albany  on  all,  any  one 
or  either  of  such  sale  or  sales,  together  with  interest  thereon  as 
above  prescribed,  at  any  time  within  six  Aveeks  after  the  first 
publication  of  such  notice;  and  if  such  payment  shall  not  be  made 
the  unexpired  tenu  of  the  term  for  years  for  which  said  several 
pieces  of  property  were  respectively  purchased  by  the  city,  will 
be  sold  at  a  time  and  place  to  be  stated  in  said  notice  to  the 
party  who  shall  bid  the  highest  sum  therefor,  to  whom  a  convey- 
ance thereof  will  be  made  by  the  city  of  Albany.  It  shall  be 
the  duty  of  the  Commissioner  of  Arrears,  at  the  time  and  place 
specified  in  such  notice,  to  sell  at  public  auction  to  the  highest 
bidder  the  several  pieces  of  property  in  said  notice  described 
which  shall  not  have  been  redeemed  by  the  payment  to  the  Cham- 
berlain of  the  city  of  Albany  or  the  County  Treasurer  of  the 
countj'  of  Albany  of  the  entire  aggregate  sum  fouud  to  be  due 
therefrom  as  above  stated;  and  it  shall  be  the  duty  of  the  Cham- 
berlain of  the  city  of  Albany  and  of  the  County  Treasurer  of 
Albany  county  to  attend  at  such  sale  and  to  receive  and  receipt 
for  the  sums  bid  thereat,  of  which  twenty  per  centum  shall  be 
paid  down  at  the  time  of  the  sale  and  the  balance  upon  the  deliv- 
ery to  the  purchaser  of  the  deed  of  the  premises,  to  be  made  at 


90  Charter  of  the  City  of  Albany. 

a  time  to  be  prescribed  in  said  notice  of  sale.  It  shall  be  the  fur- 
ther duty  of  the  Commissioner  of  Arrears  to  prepare  deeds  of 
conveyance  of  the  several  pieces  of  property  which  shall  be  sold 
for  the  unexpired  term  of  the  term  then  most  nearly  expired,  for 
which  they  were  respectively  purchased  by  the  city  of  Albany, 
to  the  respective  purchasers  thereof,  which  deeds  shall  provide 
that  the  conveyance  is  made  Avithout  recourse  to  the  city  of 
Albany  by  the  purchaser,  or  any  liability  on  its  part  for  any  fail- 
ure or  defect  of  title  to  the  premises  thereby  conveyed,  except 
as  in  this  section  otherwise  expressly  provided.  The  purchaser 
at  such  sale  shall,  immediately  upon  the  recording  of  such  deed, 
be  entitled  to  the  possession  of  the  premises  therein  described, 
and  shall  be  and  is  authorized  to  take  and  maintain  and  recover 
such  possession  against  any  occupant  or  occupants  thereof  by 
summary  proceedings  instituted  under  title  two  of  chapter  seven- 
teen of  the  Code  of  Civil  Procedure  in  the  same  manner  as  if 
such  purchaser  were  the  landlord  and  the  occupant  or  occupants 
were  a  tenant  or  tenants  holding  over  after  the  expiration  of 
their  term.  It  shall  be  the  duty  of  the  Mayor  to  execute  on  behalf 
of  the  city  of  Albany  and  afRx  its  seal  to  all  deeds  so  prepared, 
and  to  acknowledge  the  same  as  the  act  and  deed  of  the  city  of 
Alba.ny  Whenever  the  purchaser  imder  any  such  deed  shall 
cause  the  same  to  be  recorded  in  the  Albany  County  Clerk's 
office,  and  shall,  during  a  period  of  one  month  from  and  after 
the  time  that  such  deed  shall  have  been  recorded  do  such  acts 
in  relation  to  the  premises  in  said  deed  described  for  such  period 
of  one  month  as,  under  section  three  hundred  and  seventy  of 
the  Code  of  Civil  Procedure,  would  constitute  an  adverse  posses- 
sion by  a  person  claiming  a  title  founded  upon  a  written  instru- 
ment or  a  judgment  or  decree,  the  conveyance  to  him  shall  be 
prima  facie  evidence  of  his  title  thereto  for  the  period  of  time  in 
such  conveyance  stated  and  of  the  regularity  of  all  acts  and  pro- 
ceedings theretofore  taken,  and  that  all  proper  acts  and  proceed- 
ings were  taken  in  reference  to  the  assessment  and  the  sales 
thereof,  and  after  a  period  of  two  years  from  and  after  the  date 
at  which  such  deed  shall  be  recorded,  irrespective,  in  the  case 
of  any  land  vacant  or  unoccupied  at  the  time  of  the  sale,  of  any 
possession  thereunder;  such  deed  shall  be  conclusive  evidence  of 
such  title  of  the  purchaser  to  the  term  in  said  deed,  stated  in 
such  premises  in  said  deed  described;  and  no  action  shall  be 
brought  or  maintained  after  the  expiration  of  such  two  years 
for  the   recoverj'   of   the   possession   of   such   premises   by   any 


Chamberlain.  91 

person  ciaiming  title  thereto  iu  bis  owu  right  or  through  convey- 
auce  from  another  as  of  a  date  prior  to  the  date  at  which  the 
assessment  for  city  improvements  or  fur  taxes  or  water  rates, 
or  any  one  of  several  such  assessments,  as  the  case  may  be,  shall 
have  been  made,  under  which  the  purchase  Avas  made  by  the 
city  of  Albany.  In  any  action  or  proceeding  brought  or  instituted 
by  a  purchaser  or  against  a  purchaser  at  such  sale  pursuant  to 
this  act,  to  recover  any  laud  sold  thereunder,  it  shall  not  be  a 
good  or  sufficient  ground  of  objection  to  the  proceedings  pursuant 
to  which  any  sale  was  had  under  this  act  or  under  any  assess- 
ment for  local  improvements  or  a  tax  or  water  rate,  that  any  act 
was  not  done  or  that  any  provision  of  law  was  not  complied  with, 
where  such  act  or  provision  might  have  been  dispensed  with  or 
not  requix-ed  by  the  legislature  of  the  State  of  New  York  iu  the 
enactment  providing  for  any  such  assessment  or  the  collection  of 
any  tax  or  water  rate.  In  any  case  in  which  an  action  shall 
have  been  brought  for  the  recovery  of  any  lands  by  or  against 
any  purchaser  at  any  sale  had  under  the  provisions  of  this  sec- 
tion, within  two  years  after  such  sale,  and  due  notice  of  the 
bringing  of  such  action  and  an  opportunity  to  appear  and  prose- 
cute or  defend  the  same  shall  have  been  given  and  afforded  to 
the  Coiijoration  Counsel  of  the  city  of  Albany,  where  final  judg- 
ment shall  be  rendered  therein  against  the  purchaser  at  such  sale, 
his  legal  representatives  or  assigns,  adjudging  the  title  conveyed 
under  the  provisions  of  this  act  to  be  invalid,  there  shall  be  paid 
back  to  the  purchaser  at  such  sale,  his  legal  representatives  or 
assigns,  by  the  trustees  of  the  sinking  fund,  the  amount  of  money 
bid  by  him  at  the  sale  to  the  extent  of  the  sum  due,  as  ascer- 
tained and  determined  by  the  Commissioner  of  Arrears,  to  the 
city  of  Albany,  and  paid  to  the  trustees  of  the  general  debt  sink- 
ing fund.  It  shall  be  the  duty  of  the  Chamberlain  of  the  city  of 
Albany  and  of  the  County  Treasurer  of  Albany  county  to  deposit 
in  a  separate  account  kept  with  such  fund  all  moneys  I'eceived 
by  either  of  them  on  such  sale  over  and  above  the  amount  which 
shall  in  such  notice  of  sale  be  stated  to  be  due  to  the  city  of 
Albany  for  the  amount  paid  by  it  at  the  time  of  its  purchase  of 
the  premises,  with  interest  thereon,  as  prescribed  herein,  to  be 
held  subject  to  such  order  or  decree  of  the  Supreme  Court  of  the 
State  of  New  York,  as  may  be  made  at  any  special  tenn  thereof 
upon  due  notice  to  the  Corporation  Counsel  of  the  city  of  Albany 
of  an  application  by  any  claimant  therefor.  The  moneys  retained 
by  the  City  Chamberlain  and  by  the  Countj^  Treasurer  of  Albany 
county  as  the  amounts  due  to  the  city  of  Albany  shall  be  by 


92  Charter  of  the  City  of  Albany. 

them  respectively  paid  to  tlie  trustees  of  tlie  general  debt  sink- 
ing fund  of  the  city,  to  be  applied  in  extinguishment  of  the  prin- 
cipal of  the  general  debt  thereof.  Where  any  lot  shall  have  been 
sold  under  more  than  one  assessment,  either  for  local  improve- 
ments or  for  taxes  or  water  rates,  and  purchased  by  the  city  of 
Albany,  the  several  sales  shall  be  each  separately  enumerated  in 
the  schedule  of  property  to  be  prepared  hereunder,  and  the  amount 
due  to  the  city  of  Albany  as  therein  stated  shall  be  the  aggre- 
gate of  the  several  amounts  paid  by  the  city  on  such  several 
sales,  with  the  interest  on  each  as  above  prescribed  added  thereto; 
and  where  different  parcels  of  one  larger  lot  shall  have  been  so 
sold  at  different  times  the  Commissioner  of  Arrears  shall  describe 
the  lot  in  several  parcels  and  shall  apportion  the  amount  due  for 
any  sale  or  sales  which  shall  be  made  of  parcels  larger  than  the 
pieces  so  described  by  him  among  the  several  smaller  pieces  so 
described,  in  proportion  to  the  amount  of  land  included  in  each. 
■  The  said  schedule  of  property  so  to  be  prepared  by  the  Com- 
missioner of  Arrears  shall  be  dated  and  signed  by  him.  and  shall 
be  filed  with  the  Chamberlain  of  the  city  of  Albany,  and  when  so 
filed  shall  be  presumptive  evidence  of  the  truth  of  the  facts  and 
the  accuracy  of  the  figures  and  dates  therein  specified.  The 
Mayor  of  the  city  shall  fix  the  compensation  to  be  paid  to  the 
Commissioner  of  Arrears,  not  to  exceed  in  the  apportionment 
made  in  the  year  eighteen  hundred  and  ninety-five,  the  sum  of 
twenty-five  hundred  dollars,  which  sum  shall  be  paid  by  the 
Chamberlain  of  the  city  of  Albany,  from  time  to  time,  upon 
the  written  certificate  of  the  Mayor  of  said  city.  The  Commis- 
sioner of  Arrears  shall  pay  all  expenses  incurred  in  such  work 
out  of  the  compensation  so  fixed  by  the  Mayor,  except  the  cost  of 
publication  in  the  city  newspapers,  which  shall  be  paid  by  the 
Chamberlain  of  the  city  of  Albany  out  of  any  moneys  appropri- 
ated for  that  pun^ose.  or,  if  none  be  so  appropriated,  out  of  any 
money  in  his  hands  not  otherwise  specifically  appropriated.] 

TITLE  YII. 

Receiver  ok  Taxes. 
Salary,  deputy,  etc. 

Section  1.  The  Receiver  of  Taxes  shall  receive  an  annual  salary 

of   three   thou-sand   five   hundred   dollars,    payable   monthly,    and 

shall  have  power  to  appoint  a  Deputy  Receiver,  with  the  approval 

of  the  :Mayor.  at  a  salary  of  eighteen  hundred  dollars  p(>r  year, 

payable   monthly.     Such   deputy    shall     hold    office    during    the 

pleasure  of  the  Receiver  of  Taxes.  ^ 


Receiver  of  Taxes.  93 

Official  bonds. 

§  2.  The  Receiver  of  taxes  and  bis  Deputy  sball  each  give  a 
bond  to  the  city,  with  such  sureties,  to  be  approved  by  the  Mayor, 
and  in  such  penalty  as  the  Common  Council  may  direct,  but  not 
less  than  ten  thousand  dollars  in  the  case  of  the  Receiver  of 
Taxes,  conditioned  for  the  faithful  performance  of  the  duties  of 
his  office,  and  the  accounting  for  and  payiug  over  of  all  moneys 
ooming  into  his  hands. 

Duty  to  receive  taxes,  etc.— Shall  pay  to  County  Treasurer  prior 
to  January  fifteenth,  ^50,000. 
§  3.  It  shall  be  the  duty  of  the  Receiver  of  Taxes  to  receive  all 
taxes,  as  now  provided  by  law,  and  to  retain  in  his  possession  in 
the   said   office   the   assessment-rolls   and    warrants    which   shall 
from  time  to  time  be  delivered  to  him  by  the   Supervisors;  to 
enter  daily,  in  suitable  books  to  be  kept  for  that  purpose,  among 
other  things,  the  date  of  payment,  the  ward  for  or  on  account  of 
which  the  payment  is  made,  and  in  suitable  columns,  the  name 
of  the  persons  or  coiTorations  on  whose  account  any  taxes  shall 
be  paid,  the  amount  of  the  tax  so  paid  as  it  appears  upon  the 
assessment-roll,   the   amount   of   interest   deducted   therefrom    or 
added  thereto,  as  may  be  authorized  by  law,  and  the  said  several 
columns  shall  be  footed  up  at  each  date  when  the  rate  of  interest 
so  to  be  deducted  or  added  shall  change.  It  shall  further  be  the 
duty  of  the  Receiver  of  Taxes,  from  time  to  time,  to  enter  in  a 
column  to  be  made  for  that  purpose,  in  the  assessment-rolls,  in 
his  possession,  opposite  the  names  of  the  persons  who  are  men- 
tioned thereon,  and  who  shall  pay  their  taxes  as  aforesaid,   to 
the  Receiver  of  Taxes,   the  fact  of  such  payment,   the  amount 
thereof  and  the  day  when  paid.    And  he  shall,  at  the  expiration 
of  the  office  hours  each  day.  exhibit  such  entries  to  the  Chamber- 
lain of  the  city  of  Albany,  and  pay  over  to  the  said  Chamberlain 
the  amount  so  received  on  such  day  until  he  shall  have  paid  over 
to  said  Chamberlain  the  whole  amount  specified  in  the  warrants 
to  be  paid  to  the  said  Chamberlain;  provided,  however,  that  out 
of  the  whole  amount  so  received  the  Receiver  of  Taxes   shall, 
prior  to  the  fifteenth  day  of  January,  in  each  year,  pay  over  to 
the  Treasurer  of  Albany  County  at  least  fifty  thousand  dollars  of 
the  amount  to  be  paid  to  said  Treasurer,  as  hereinafter  mentioned. 
It  shall  then  be  the  duty  of  the  said  Receiver  to  pay  over  in  the 
same  manner  his  daily  receipts  to  the  Treasurer  of  the  county  of 
Albany   until   there  shall   remain   unpaid   upon   the   face   of  the 
assessment-rolls,  for  taxes,  an  aggregate  amount  equal  to  and  not 


94  Charter  of  the  City  of  Albany. 

exceeding  the  amount  of  the  State  tax,  as  mentioned  in  and 
levied  under  the  tax  budget  as  and  for  that  portion  of  the  State 
tax  imposed  upon  Albany  county,  chargeable  to  the  city  of 
Albany.  Said  ReceiA'er  of  Taxes  shall  then  and  thereupon  notify 
the  County  Treasurer  of  such  fact,  and  all  moneys  thereafter 
received  by  such  Receiver  of  Taxes  shall  be  paid  over  to  and 
received  by  the  County  Treasurer  as  a  deposit  in  a  special  account 
for  the  ]iayment  of  the  State  tax.  due  from  the  city  of  Albany, 
and  a  separate  account  shall  be  kept  therewith  by  the  County 
Treasurer,  who  shall  at  once  apply  the  same,  or  so  much  thereof 
as  may  be  necessary,  to  the  payment  of  any  note  theretofore 
issued  under  the  provisions  of  section  twenty-two  of  this  title, 
and  any  part  thereof  not  required  for  that  purpose  shall  be  held 
by  him  and  applied  upon  the  State  tax  as  hereinafter  provided 
for.  The  entries  of  receipts  of  the  water  rates  shall  be  made  by 
the  Tax  Receiver  in  like  form  as  is  above  provided  for  in  case  of 
the  receipt  of  taxes. 

(As  amended  by  chapter  303,  Laws  of  1885,  sec.  1,  and  by  chap- 
ter 806,   Laws  of  1895,   sec.  10.) 

Penalty  for  making  false  entries. 

§  4.  It  shall  be  a  misdemeanor,  punishable  by  imprisomnent  not 
exceeding  six  months  and  a  fine  not  exceeding  five  hundred  dol- 
lars, for  the  Receiver  of  Taxes  or  any  person  in  the  employment 
of  the  city,  or  for  the  County  Treasurer  or  any  person  in  the 
employment  of  the  county,  to  enter  in  his  books  any  payment  of 
taxes  or  water  rates  as  of  a  day  different  from  that  on  which 
tlie  same  is  paid  or  to  accept  any  less  sum  for  such  tax  or  water 
rate  than  the  amount  by  laAv  required  to  be  paid,  when  such  tax 
or  water  rate  is  in  fact  paid,  or  to  throw  off  or  deduct  from  the 
sum  due  any  interest  collectible  thereon,  or  to  make  any  false  or 
untrue  entry  with  respect  thereto. 

Clerks,  expense  of. 

§  5.  The  Receiver  of  Taxes  shall  have  power  to  appi/uit  and 
employ  one  or  more  clerks,  at  an  expense  not  to  exceed  twelve 
hundred  dollars  in  all.  to  assist  him  during  the  months  of  Decem- 
ber, .January  and  February  in  each  year,  wlio  shall  eadi  receiv*:  a 
salary  to  be  fixed  by  the  Receiver  of  Taxes  and  approved  by  the 
Mayor. 

(As  amended  by  chapter  913,  Laws  of  1895,  sec.  1.) 


Heceiver  of  Taxes.  95 

Assessment-roll  and  tax  warrant. 

§  6.  The  Board  of  Supervisors  of  the  county  of  Albany  shall 
cause  the  corrected  assessment-roll  of  each  ward  in  the  city  of 
Albany  to  be  delivered  to  the  Receiver  of  Taxes  for  said  city,  on 
or  before  the  tenth  day  of  December  in  every  year.  To  each 
assessment-roll  so  delivered  to  the  said  Receiver  a  warrant,  under 
the  hands  and  seals  of  the  members  of  the  Board  of  Supervisors, 
or  a  majority  of  them,  shall  be  annexed,  commanding  such 
Receiver  to  collect  from  the  several  persons  named  in  the  assess- 
ment-rolls the  several  sums  mentioned  in  the  last  column  of  said 
roll  opposite  their  respective  names,  and  to  pay  over  the  same 
in  the  manner  directed   in   said   warrant. 

Notice  of  receipt  of  warrant  and  of  time  within  which  taxes 
must  be  paid  to  be  published. 
§  7.  The  said  Receiver,  upon  receiving  the  said  assessment- 
rolls,  shall,  within  five  days  thereafter,  •cause  a  notice  to  be  pub- 
lished in  the  oflieial  papers  of  the  city  for  twenty  days,  that  the 
assessment-rolls  and  waiTants  for  the  several  wards  have  been 
received  by  him;  and  that  all  persons  named  therein  are  required 
to  pay  their  taxes  at  his  office  on  or  before  the  first  day  of  April 
next  ensuing;  and  that  upon  all  taxes  paid  before  the  first  day 
of  Februaiy  succeeding  the  delivery  of  the  assessment-roll,  as 
aforesaid,  a  deduction  of  one  per  centum  will  be  allowed  on  the 
amount  of  the  taxes  so  paid;  that  on  all  taxes  paid  on  and  after 
the  first  day  of  Febniary  and  before  the  first  day  of  March  a 
deduction  of  one-half  of  one  per  centum  will  be  allowed  on  the 
amount  of  the  taxes  so  paid;  and  that  on  all  taxes  paid  on  and 
after  the  first  day  of  March  and  before  the  first  day  of  April  next 
ensuing  there  shall  be  neither  interest  charged  nor  discoimt 
allowed:  and  upon  all  taxes  paid  after  the  first  day  of  April  and 
before  the  thirty-first  day  of  December  next  ensuing  one-half  of 
one  per  cent,  per  month  on  the  amount  of  taxes  to  paid  will  be 
charged:  and  said  Receiver  of  Taxes  is  hereby  authorized  to  make 
such  deduction  and  required  to  charge  and  collect  such  percent- 
age, which  said  percentage  shall  be  paid  over  and  accounted  for 
by  the  said  Receiver  as  part  of  the  taxes  collected  by  him. 

CAs  amended  by  ch.ipter  91.3,  Law?  1895,  §  2  ) 

Notice  of  unpaid  taxes,  April  first. 

§  8.  If  any  such  tax  shall  remain  unpaid  on  the  first  day  of 
April  after  the  delivery  of  the  assessment-rolls  and  warrants  to 


96  Charter  of  the  City  of  Albany. 

the  said  Receiver  of  Taxes,  lie  shall  immediately  thereafter  cause 
notice,  in  writing,  of  the  tax  to  be  given  to  every  person  residing 
in  the  said  €ity  or  transacting  business  therein,  from  whom  the 
same  shall  be  due,  specifying  therein  the  amount  of  such  tax 
and  the  percentage  which  shall  accrue  thereon,  and  requiring 
such  person  to  pay  the  same  to  the  said  Receiver  of  Taxes  before 
the  thii'ty-first  day  of  September  of  the  same  year,  at  his  office, 
and  also  stating  that  if  such  tax  is  not  so  paid  that  the  same 
will,  on  said  thirty-first  day  of  December,  be  placed  in  the  hands 
of  the  County  Treasurer  for  collection,  and  that  the  County 
Treasurer  will  add  to  and  collect  interest  on  such  tax,  if  paid  to 
liim,  at  the  rate  of  one  per  centum  per  month,  to  be  computed 
from  the  first  day  of  April  preceding  the  date  of  the  return  thereof 
to  him  for  collection. 

(As  amended  by  chapter  913,  Laws  1895,  §  3.) 
Service  of  such  notice. 

§  9.  Such  notice  shall  be  served  by  the  Receiver  of  Taxes  by 
depositing  the  same,  inclosed  in  a  securely-sealed  post-paid  enve- 
lope, in  the  Albany  post-office,  addressed  to  the  person  to  be 
be  served  at  his  address  as  given  in  the  last  city  directory,  or  to 
him  at  Albany,  New  York;  and  the  said  notice  so  served  shall 
be  deemed  a  full  compliance  with  the  statute,  which  requires  a 
collector  of  taxes  to  call  at  least  once  on  the  person  taxed,  or  at 
the  place  of  his  usual  residence,  and  demand  the  payment  of  the 
taxes  charged  to  him  on  his  property. 

(As  amended  by  chapter  398,  Laws  1888,  §2,  and  by  chapter  913,  Laws  1895,  §4.) 

(fChapter  398,  Laws  of  1888,  sec.  10.]  Nothing  in  tliis  act  contained 
shall  be  construed  to  affect  the  service,  form  or  manner  of  service  of 
the  notice  or  the  proof  of  such  service  in  connection  with  the  collec- 
tion of  the  taxes,  for  the  year  eighteen  hundred  and  eighty-seven, 
required  by  sections  eight  and  nine  of  title  seven  of  the  act  hereby 
amended  as  required  by  the  provisions  of  said  act;  or"- to  affect  the 
collection  by  the  Receiver  of  Taxes  of  the  percentage  paid  the  City 
Marshal  upon  said  taxes  for  the  year  eighteen  hundred  and  eighty- 
seven,  as  required  by  the  act  hereby  amended,  taut  such  notices  shall 
be  served  and  percentage  collected  as  if  this  act  had  not  been  passed.) 

Publication  of  same. 

§  10.  The  said  Receiver  of  Taxes  shall  also,  immediately  after 
the  first  day  of  April,  cause  a  notice  to  be  published  in  the 
official  newspapers  of  the  city  of  Albany,  for  ten  days,  notifying 
all  who  have  omitted  to  pay  their  taxes  that  they  are  required  to 
pay  the  same  to  him  at  liis  office,  before  the  thirt.y-flrst  day  of 
December  ensuing,  and  also  stating  that  if  such  tax  is  not  so  paid 
that  the  same  will,  on  said  thirty-first  day  of  December,  be 
phucil  ill  the  hands  of  the  County  T'-oasurer  for  collection,  and 


Receiver  of  Taxes.  97 

that  the  County  Treasurer  wfll  add  to  and  collect  interest  on  such 
tax,  if  paid  to  him,  at  the  rate  of  one  per  centum  per  month,  to  be 
computed  from  the  first  day  of  April  preceding  the  date  of  the 
return  thereof  to  him  for  collection. 

(As  amended  by  chapter  913,  Laws  of  1895,  sec.  5.) 

Affidavit   of  service. — Affidavit  of  publication. — ^Interest   to   be 
added  after  April  first. 

§  11.  It  shall  be  the  duty  of  the  Receiver  of  Taxes  to  make  in 
duplicate  and  tile  in  the  office  of  the  Clerk  of  the  County  of 
Albany,  and  also  in  his  own  office,  on  the  said  first  day  of  April, 
or  within  fifteen  days  thereafter,  an  affidavit  of  the  service  of 
the  notice  required  by  the  eighth  and  ninth  sections  of  this  title 
of  this  act,  which  affidavit  shall  be  substantially  as  follows: 
That  he  has  served  upon  each  person  residing  in  the  city  of 
Albany  or  transacting  business  therein,  whose  tax  appeared  by 
the  assessment-rolls  in  the  office  of  the  Receiver  of  Taxes  to  be 
unpaid  on  the  first  day  of  April,  after  the  delivery  of  the  assess- 
ment-rolls to  the  said  Receiver  of  Taxes,  the  notice  required  by 
sections  eight  and  nine  hereof,  a  copy  of  which  notice  shall  be 
attached  to  the  affidavit,  by  depositing  a  copy  of  such  notice 
inclosed  in  a  sealed  post-paid  envelope,  addressed  to  each  person, 
respectively,  whose  taxes  so  appeared  to  be  unpaid,  at  his  or  her 
address  as  given  in  the  Albany  city  directory,  or  at  Albany,  New 
York,  in  the  post-office  in  the  city  of  Albany;  and  also  to  pro- 
cure in  duplicate  and  file  in  the  same  offices,  within  the  same 
time,  an  affidavit  of  the  publication  of  the  notice  required  by  the 
tenth  section  of  this  title  of  this  act;  and  it  shall  be  the  further 
duty  of  the  said  Receiver  of  Taxes  to  charge,  collect  and  receive 
upon  all  taxes  remaining  unpaid  on  and  after  the  first  day  of 
April  interest  at  the  rate  of  one-half  of  one  per  centum  per 
month,  to  be  calculated  from  the  first  day  of  April,  when  the 
said  taxes  were  payable,  and  such  percentage  shall  be  added  to 
all  such  taxes  as  follows:  One-half  per  centum  per  month  of  the 
amount  thereof  on  the  last  day  of  April,  and  thereafter  one-half 
per  centum  per  month  of  the  face  of  such  tax  on  the  last  day  of 
each  and  every  month  up  to  and  including  the  month  of  Decem- 
ber following. 

(As  amended  by  chapter  398,   Laws  of  1888,  sec.  3,  and  by  chap- 
ter 913,   Laws   of  1895,   sec.  6.) 

§  12.'  [Repealed  by  chap.  398,  Laws  1888,  §  4.] 

§  13.  [Repealed  by  chap.  398,  Laws  1888,  §4.] 

§  14.  [Repealed  by  chap.  398,  Laws  1888,  §  4.]       , 

7 


98  Charter  of  the  City  of  Albany. 

Receiver  of  Taxes  to  deliver  account  of  unpaid  taxes  to  County- 
Treasurer. — Verification. — Discharge    of    Receiver    of    Taxes 
from  liability.—  Book  of  unpaid  taxes  to  be  kept  by  County 
Treasurer. —  Water  rates  to  be  entered  like  taxes. 
§  15.  In  case  any  of  the  taxes  meutioned  in  the  said  assessment- 
roll  remain  unpaid  or  uncollected  on  the  thirty-first  day  of  Decem- 
ber succeeding  the  deliveiy  of  the  said  rolls  to  the  Receiver  of 
Taxes,  up  to  which  time  all  money  paid  on  account  of  such  taxes 
shall  be  paid  to  the  Receiver  of  Taxes,   the  Receiver  of  Taxes 
shall  deliver  to  the  County  Treasurer  on  the  said  thirty-first  day 
of  December  in  each  year  an  account,  to  be  entered  in  one  of  the 
books  containing  the  description  of  the  unpaid  taxes,  of  the  sev- 
eral amounts  collected  by  him  for  taxes,  and  of  the  amount  of 
taxes   then   remaining   due,    with    a    description   of   the    property 
liable  for  the  same,   as  described  in  the   assessment-roll, making 
oath  before  the   County   Treasurer,   or,   in   case  of   his   absence, 
before  the  Mayor  or  Recorder  of  said  city,   to  be  duly  entered 
after  such  statement,  that  the  sums  mentioned  in  such  account 
remain  unpaid  and  uncollected,  and  said  Receiver  of  Taxes  shall 
thereupon  be  discharged  from  all  liability  for  the  amount  uncol- 
lected by   him.    and  shall  be   credited   therewith   by   the   County 
Treasurer.     To   all   taxes   paid   to    the   County    Treasurer   there 
must  be  added  and  collected  interest  thereon  at  the  rate  of  one 
per  centum  per  month,  to  be  computed  from  April  first  preceding 
the  date  of  the  return  thereof  to  him.     It  shall  be  the  duty  of 
the  County  Treasurer  to  enter  in  a  suitable  booli.  to  be  kept  by 
him  for  that  purpose,  among  other  things,  the  date  of  each  pay- 
ment made  to  him  for  the  uncollected  taxes  so  rr  nrned  to  him  as 
aforesaid  by  the  Receiver  of  Taxes,  the  ward'  for  and  on  account 
of  which  the  payment  is  made,  the  name  of  the  person  or  cor- 
poration on  whose  account  any  taxes  shall  be  paid,  the  amount  of 
the   tax   so   paid   as   it   appears   upon   the   assessment-i-olls,    the 
amount  of  interest  added  thereto  as  may  be  authorized  by  law, 
and  the  said  several   columns   shall  be  footed  up   at  each  date 
when  the  rate  of  interest  so  to  be  added  shall  change.     He  shall 
also  enter  in  the  liooks  of  returned  taxes  delivered  to  him  by  the 
Receiver  of  Taxes  the  fact  of  such  payment,  the  amount  thereof, 
and  the  day   when   it  was   made.     He  shall   credit  the   city   of 
Albany  in  the  special  account,  mentioned  in  section  throe  of  this 
title,  with  all  moneys  so  collected  for  such  return  taxes  and  the 
interest  thereon,  and  whenever  there  shall  stand  to  the  credit  of 
the  city  of  Albany  as  much  as  one  thousand  dollars  in  said  special 


Receiver  of  Taxes.  99 

account  he  shall  pay  the  same  upon  and  in  reduction  or  extin- 
guishment of  any  note  given  by  him  under  the  provisions  of 
section  twenty-two  of  this  title,  and  in  making  such  note  the 
privilege  of  making  such  payment  shall  be  reserved  by  the  County 
Treasurer,  and  no  interest  shall  thereafter  be  paid  upon  any  sum 
so  paid  in  reduction  or  extinguishment  of  said  note.  The  entries 
of  receipts  of  the  water  rates  shall  be  made  by  the  County  Treas- 
urer in  like  form  as  is  provided  for  in  the  case  of  the  receipts 
of  taxes,  and  the  statement  of  the  Receiver  of  Taxes  of  the  unpaid 
water  rates  shall  be  made  and  verified  in  like  manner  as  the 
statement  of  unpaid  taxes  made  to  the  County  Treasurer. 

(As  amended   by  chapter  303,   Laws  of  1885,   sec.   2;    by  chapter 
398,  Laws  of  18S8,  sec.  5;    and  by  chapter  913,  Laws  of  1895,  sec.  7.) 

Notice  of  errors  to  be  given  to  Assessors. 

§  16.  It  shall  be  the  duty  of  the  Receiver  of  Taxes,  whenever 
he  shall  discover  any  inaccuracy  or  error  in  the  assessment-books, 
in  the  name  of  any  person  or  the  description  of  any  property,  to 
give  the  assessors  notice  thereof  in  writing. 

Penalty  for  misappropriating  public  money. 

§  IT.  If  any  officer  of  the  city  of  Albany,  charged  with  the 
receipt,  safe  keeping  or  disbur.sement  of  the  public  money  belong- 
ing to  said  city,  shall  convert  to  his  OAvn  use,  in  any  way  what- 
ever, or  shall  use  by  way  of  private  investment  any  kind  of  pub- 
lic property,  or  shall  loan,  with  or  without  interest,  any  portion 
of  the  public  money  intrusted  to  him  for  safe  keeping  or  disburse- 
ment, or  for  any  other  purpose,  every  such  act  shall  be  deemed 
.  and  be  adjudged  to  be  an  embezzlement  of  so  much  of  the  said 
moneys  or  property  as  shall  be  thus  taken,  converted,  invested, 
used  or  loaned,  and  is  hereby  declared  to  be  a  felony;  and  every 
such  officer  and  all  persons  abetting  or  participating  in  such  act, 
being  convicted  thereof  before  any  court  of  competent  jurisdiction, 
shall  be  sentenced  to  imprisonment  for  a  term  not  less  than  one 
year  nor  more  than  five  years,  or  to  a  fine  equal  to  the  amount 
of  the  moneys  or  property  so  embezzled. 

Duty  of  County  Treasurer  and  Assessors  as  to  taxes  on  lands 

imperfectly     described. — Supervisors     to     reassess     rejected 

taxes. 

§    18.  The    County    Treasurer   shall    examine   the   accounts    of 

arrears  of  taxes  received  from  the  Receiver  of  Taxes,  and  shall 


100  Charter  of  the  City  of  Albany. 

reject  all  taxes  on  land  that  shall  then  or  thereafter  be  found 
to  be  impei'fectly  described,  and  all  taxes  so  erroneously  assessed, 
in  form  or  substance,  that  the  collection  of  the  same  cannot  be 
enforced,  and  shall  deliver  a  transcript  tliereof  to  the  assessors 
of  the  city  of  Albany,  who  shall  return  it  witli  their  rolls  of  the 
succeeding  year  to  the  Board  of  Supervisors  at  their  next  meet- 
ing. The  Supervisors  shall  charge  the  lauds  or  persons  intended 
to  have  been  assessed  for  the  said  rejected  taxes  with  the 
amount  of  the  same  respectively,  adding  thereto  the  interest  in 
arrear  at  the  rate  of  six  per  •centum  per  annum,  to  be  calculated 
from  the  first  day  of  April,  when  the  said  taxes  were  payable, 
stating  the  tax  for  each  year,  with  the  interest  separately,  and 
shall  direct  the  collection  thereof  in  the  same  manner  as  the 
taxes  of  the  year.  The  Supervisor  of  the  ward  to  which  such 
rejected  taxes  shall  be  assessed  on  account  of  any  imperfection 
in  tlie  description  of  the  lands  assessed  shall,  together  with  the 
Board  of  Assessors,  cause  a  correct  description  of  such  lands  to 
be  entered  in  the  next  assessment-roll. 

(As  amended  by  chapter  913,  Laws  of  1895,   sec.  8.) 

County  Treasurer  to  collect  taxes  after  return. — May  maintain 
an  action. — Expenses  added  to  costs  of  suit. — Application 
and  credit  of  amount  recovered. 
§  19.  In  any  i-ase  in  which  any  tax  on  real  or  personal  property, 
or  both,  shall  be  returned  uncollected  in  whole  or  in  part,  and 
the  said  Receiver  shall  have  been  discharged  from  liability  there- 
for, the  County  Treasurer  shall  collect  the  tax  and  may  maintain 
an  action  for  the  recovery  of  the  amount  so  remaining  unpaid 
and  uncollected,  with  interest  at  the  rate  of  one  per  centum  per 
month,  as  provided  in  section  fifteen  of  this  title,  to  be  collected 
from  the  first  day  of  April  prior  to  the  return  thereof  to  the 
County  Treasurer,  in  his  name  of  office,  against  the  person  or 
coriioration,  liable  for  such  tax,  or  the  representatives  of  such 
person  or  corporation,  in  any  court  of  competent  jurisdiction  in 
which  the  proceedings,  costs,  judgments  and  execution  shall  be 
the  same,  and  with  like  effect  as  in  actions  between  other  public 
officers  and  individuals  except  that  ten  per  centum  of  the  amount 
of  such  tax  so  recovered  shall  be  added  to  such  recovery  to  cover 
the  expenses  of  such  suit,  in  addition  to  costs  as  allowed  by  law 
where  such  suit  was  lu-ought  for  the  recovery  of  a  tax  on  per- 
sonal property;  and  the  amount  collected  shall  be  applied  in  the 
same  manner  as  if  paid  to  the  County  Treasurer  by  the  Receiver 


Receiver  of  Taxes.  101 

of  Taxes;  but  any  interest  so  collected,  except  the  said  ten  per 

centum,  shall  be  credited  to  the  city  of  Albany. 

(As  amended  by  chapter  398,  Laws  of  1888,  sec.  6,  and  by  chaD- 
ter  913,    Laws   of  1895,   sec.   9.) 

Compensation  of  County  Treasurer. — Fees. 

§  20.  The  County  Treasurer  shall  receive  as  compensation  for 
his  services  an  annual  salaiy  to  be  fixed  by  the  Board  of  Super- 
visoi-s  of  Albany  county.  He  shall  not  receive,  to  his  use,  any 
interest,  fees  or  compensation  for  his  services,  except  in  pro- 
ceedings for  the  sales  of  land  for  unpaid  taxes,  in  which  proceed- 
ings, in  cases  where  payments  are  made  after  the  first  publica- 
tion of  the  notice  of  sale,  or  on  the  sale,  he  shall  receive  five  per 
cent,  on  the  amount  thereof,  to  be  added  to  the  tax. 
(As  amended  by  chapter  398,   Laws  of  1888,  sec.  7.) 

Sale  of  lands  for  taxes. — Advertisement. — Expenses  to  be  added 
to  tax. 
§  21.  Whenever  any  tax  charged  on  real  estate  returned  to  the 
County  Treasurer,  and  the  interest  thereon  at  the  rate  of  one  per 
centum  per  month,  to  be  calculated  from  the  first  day  of  April, 
as  provided  in  section  fifteen  of  this  title,  when  such  tax  was 
payable,  shall  remain  unpaid  for  one  year  from  the  said  first 
day  of  April,  the  said  County  Treasurer  shall  proceed  to  adver- 
tise and  sell  such  real  estate  in  the  manner  provided  by  law  for 
the  payment  of  such  tax  and  interest,  and  for  any  water  rents; 
and  the  expense  of  such  sale,  which  sale  shall  take  place  in  the 
month  of  September  following.  The  expenses  of  publishing  lists 
and  notices  and  of  conducting  the  sale  shall  be  a  charge  on  the 
lands  sold,  and  shall  be  added  to  the  tax  and  interest. 

(As  amended  by  chapter  398,  Laws  of  1888,   sec.  8,  and  by  chap- 
ter 913,  Laws  of  1895,  sec.  10.) 

Treasurer  not  to  transmit  to  Comptroller  account  of  unpaid 
taxes. — County  Treasurer  may  borrow  to  pay  State  tax. — 
Proviso. 

§  22.  It  shall  not  be  the  duty  of  the  County  Treasurer  of  the 
county  of  Albany  to  transmit  to  the  Comptroller  any  account  of 
unpaid  taxes  assessed  upon  corporations,  or  upon  the  lands  of 
residents  or  non-residents,  or  of  unknown  owners  in  the  city  of 
Albany,  or  any  collector's  affidavit  in  relation  thereto,  nor  shall 
the  Comptroller  credit  the  said  County  Treasurer  with  any  unpaid 


102  Charter  of  the  City  of  Albany. 

taxes  on  lands  or  upon  corporations;  but  the  whole  amount  of  any 
State  tax  imposed  on  property  in  the  city  of  Albany  shall  be 
paid  by  the  County  Treasurer  to  the  Treasurer  of  the  State  on 
or  before  the  first  day  of  October  after  the  same  shall  have  been 
assessed  upon  the  real  and  personal  estate  of  the  said  city, 
retaining  any  compensation  to  which  he  may  be  entitled.  If 
there  are  not  then  sufficient  funds  in  the  aforesaid  special  account 
mentioned  in  section  three  of  this  title,  or  otherwise  standing  to 
the  credit  of  the  city  of  Albany  upon  the  County  Treasurer's  books, 
he  shall  apply  to  the  Receiver  of  Taxes,  who  shall  certify  to  him 
the  aggregate  amount  then  still  uncollected  as  appears  upon  the 
face  of  the  tax  assessment-rolls,  in  his  hands,  and  the  said 
County  Treasurer  shall  borrow,  at  not  exceeding  the  legal  rate  of 
interest,  upon  his  official  note,  such  sum  as  may  be  necessary  to 
enable  him,  with  the  amount  in  the  aforesaid  special  account 
added  to  any  otlier  sums  standing  to  the  credit  of  the  city  of 
Albany  upon  the  books  in  his  office,  to  pay  the  State  tax  properly 
chai'geable  to  the  city  of  Albany;  provided,  however,  that  no  such 
note  shall  be  valid  unless  it  contain  an  indorsement  subscribed 
by  the  Receiver  of  Taxes  to  the  effect  that  there  appears  upon 
the  face  of  the  tax  assessment-rolls,  in  his  office,  an  aggregate 
amount  still  uncollected  equal  to  or  greater  than  the  amount  of 
such  note;  and  in  a  proper  case  it  shall  bo  the  duty  of  the  Receiver 
of  Taxes  to  make  such  an  indorsement  thereon. 

(As  amended  by  chapter  303,   Laws  of  1885,   sec.   3.) 

TITLE  VIII. 
Board  of  Finance. 

Trustees  of  Sinking  Fund. — Board  of  Finance. — Clerk. — Book  of 
minutes. — Votes  by  ayes  and  noes. 
Section  1.  The  Common  Council  shall,  at  its  first  meeting  in 
January,  eighteen  hundred  and  eightj^-four,  and  every  third  year 
thereafter,  appoint  a  citizen  of  said  city  other  than  a  city  offi'cer, 
who,  with  the  Mayor  and  Chamberlain  of  said  city  shall  consti- 
tute the  board  of  trustees  of  the  sinking  fund  of  the  city  of 
Albany,  who  shall  be  a  body  corporate  and  who,  together  with 
the  I'resident  of  the  Common  Council,  one  alderman,  to  be  desig- 
nated by  the  Common  Council,  shall  constitute  the  Board  of 
Finance  of  the  city,  which  said  board  shall  hold  its  meetings  at 
such  time  and  place  as  shall  l)o  designated  by  a  notice  signed  by 
the  Mayor  or  any  two  members  of  said  board,  and  served  upon 


Board  of  Finance.  103 

the  members  of  said  board  at  least  twenty-four  hours  before  the 
time  therein  designated  for  suc-h  meeting,  either  personally  or  by 
leaving  the  same  with  some  person  of  sufficient  age  and  intelli- 
gence to  understand  the  purijort  thereof  at  the  residence  or  place 
of  business  of  any  member.  All  meetings  of  said  board  shall  be 
pul)lic,  and  full  and  true  minutes  tliereof  shall  be  kept  in  a  book 
by  the  Clerk  of  the  Common  Council,  who  shall  be  clerk  of  said 
board,  or,  in  his  absence,  by  a  member  of  said  board  to  be  desig- 
nated by  the  board,  but  the  board  may  have  executive  sessions 
for  the  consideration  and  transaction  of  all  business  which  the 
board  may  have  a  right  to  do  by  virtue  of  any  law,  but  any 
action,  decision  or  resolution  taken,  made,  adopted  or  offered 
and  the  vote  thereon  and  disposition  thereof,  and  all  business 
transacted  at  such  executive  session  shall  be  fully  and  truly  set 
forth  in  such  minutes.  Said  book  of  minutes,  when  not  actually 
in  use  by  the  board,  shall  be  kept  at  the  office  of  the  Chamberlain 
of  said  city  and  be  open  for  the  examination  of  any  taxpayer. 
The  votes  upon  all  questions  affecting  the  funds  under  the  charge 
of  said  board  or  the  investment,  payment  or  other  disposition 
thereof  shall  be  taken  by  ayes  and  noes,  which  shall  be  entered 
in  the  minutes. 

(As  amended  by  chapter  398,   Laws  of  1S.S8.  sec.   11.) 

Two  banks  to  be  designated  in  which  money  received  by  Cham- 
berlain can  be  deposited. 
§  2.  Such  Board  of  Finance  shall  designate,  after  notice  duly 
published  twice  in  each  week  for  two  weeks  in  the  corporation 
newspaper,  two  banks  in  the  city  of  Albany,  which  shall  give 
satisfactory  security  for  its  safe  custody  and  repayment,  in 
which  all  money.s  received  by  the  Chamberlain  shall  be  deposited, 
and  shall  fix  by  agreement  with  such  banks  the  amount  of  inter- 
est to  be  paid  on  such  deposits,  which  interest  shall  be  computed 
from  and  exclusive  of  the  day  of  deposit  to  and  exclusive  of  the 
day  on  which  checks  shall  be  drawn  on  the  bank  therefor.  The 
board  shall  have  power  at  any  time  after  publication  of  the  like 
notice  to  f-bange  the  banks  of  deposit  of  such  moneys. 

Duties  of  Trustees  of  Sinking  Fund. 

§  3.  The  three  members  of  the  Board  of  Finance  who  shall  act 
as  and  constitute  the  trastees  of  the  sinking  funds  of  the  city  of 
Albany  shall  have  the  care  and  direction  of  such  sinking  funds, 
subject  to  the  ordinances  of  the  Common  Council.     Such  funds 


104  Charter  of  the  City  of  Albany. 

shall  be  used  in  the  redemption  and  payment  of  the  city  debt, 
and  when  there  are  no  city  obligations  falling  due,  upon  which 
the  same  can  be  applied,  they  may  be  invested  in  any  city  bonds 
not  due,  or  in  city  bonds  about  to  be  issued,  or  in  county  bonds  of 
Albany  county,  or  may  be  invested  in  such  other  manner  as  the 
Common  Council  may  direct,  or  may  be  deposited  in  a  bank  at 
such  rate  of  interest  as  shall  be  agreed  upon  until  some  city  bonds 
fall  due,  to  the  payment  of  which  they  can  be  applied.  When- 
ever any  city  bonds  are  about  to  be  issued  the  trustees  of  the 
sinking  fund  shall,  at  their  option,  be  permitted  to  purchase  so 
much  or  so  many  of  them  as  they  may  desire,  at  their  par  value, 
for  investment  in  the  said  sinking  fund,  and  shall  hold  the  same 
as  a  part  of  said  sinking  fund. 

(As  amended  by  chapter  242,  Laws  of  1887,  sec.  3.) 

Board  of  Finance  to  determine  when  bonds  other  than  park 
bonds  to  be  issued  shall  fall  due. 
§  4.  AVheuever  any  city  bonds,  except  bonds  issued  under  the 
acts  relating  to  the  Washington  park  are  hereafter  issued,  it  shall 
be  the  duty  of  the  Board  of  Finance  to  fix  and  determine  the 
period  or  periods  at  which  such  bonds  shall  fall  due,  and  in  so 
doing  the  board  shall  cause  such  bonds  to  be  issued  in  such 
amounts  and  to  fall  due  at  such  times  as  that  the  principal  of  the 
same  shall  be  fully  paid  in  ten  equal  annual  payments,  and  it 
shall  be  the  duty  of  the  Board  of  Finance  each  year  to  certify 
to  the  Common  Council  what  sum  will  be  required  for  that  pur- 
pose, and  the  Common  Council  shall  cause  the  same  to  be  raised 
by  tax. 

Annual  report  of  Trustees  of  Sinking  Fund. — Payment  of  prin- 
cipal of  certain  bonds. 
§  5.  The  three  members  of  the  Board  of  Finance  who  shall  con- 
stitute the  trustees  of  the  sinking  fund,  shall,  on  the  first  day  of 
November  in  each  year,  present  to  the  Common  Council  a  detailed 
statement  of  the  receipts  and  disbursements  of  each  sinking  fund 
during  the  then  past  year,  the  several  securities  (whether  the 
same  have  been  canceled  under  the  provisions  of  this  act  or  not) 
held  for  each  fund,  stating  the  law  under  and  tlie  purpose  for 
which  they  were  respectively  issued  and  giving  their  respective 
amounts,  dates  of  issue  and  of  maturity  and  the  numbers  of  the 
bonds  or  securities  and  the  rate  of  interest  payable  thereon, 
together  witli  any  other  proper  description  of  the  same;  it  shall 


Board  of  Finance.  105 

also  state  the  amount  of  cash  on  hand  in  each  fund,  the  place  of 
deposit  thereof,  and  the  amount  of  interest  paid  on  such  deposit, 
it  shall  also  state  what  city  bonds  maturing  during  the  then  past 
year  have  been  paid  out  of  each  sinking  fund.  Whenever  a  bond 
or  other  security  properly  payable  out  of  one  sinking  fund  is  held 
as  an  investment  by  or  for  another  sinking  fund,  the  amount 
payable  thereon  when  such  bond  falls  due  shall  be  transferred 
from  the  fund  out  of  which  said  bond  or  security  is  payable  and 
credited  to  ti^e  sinking  fund  holding  the  same,  and  the  said  bond 
shall  be  rei^>rted  in  the  next  report  to  the  Common  Council  as 
paid.  The  said  report  to  the  Common  Council  shall  also  state 
in  detail  the  several  amounts  in  which  city  bonds  have  been 
issued,  the  dates  of  their  issue,  the  rate  of  interest  payable,  the 
times  when  the  interest  and  the  principal  of  the  respective  bonds 
respectively  fall  due.  and  also  the  authority  under  and  the  object 
or  purpose  for  which  they  were  respectively  issued.  Such  report 
shall  include  the  several  bonds,  whether  canceled  or  not,  held  as 
investments  by  the  several  city  sinking  funds  not  yet  due.  It 
shall  be  the  duty  of  the  trustees  of  the  sinking  funds  to  pay 
therefrom  the  principal  falling  due  upon  city  bonds  included  in 
the  general  debt  and  the  Washington  park  debt,  as  they  severally 
become  due  (and  not  before  their  maturity)  from  the  respective 
funds  created  for  their  payment. 

(As  amended  by  chapter  242,  Laws  of  1887,  sec.  4.) 

City  tax  budget  to  be  prepared  annually  by  Board  of  Finance. — 
Comnion  Council  to  consider  and  adopt  same. 
§  6.  Said  board  shall  annually  prepare  a  city  tax  budget,  which 
shall  include  all  sums  which  will  be  required  for  all,  each  and 
every  municipal  purpose  during  the  year  next  following  the  first 
day  of  January  thereafter,  and  shall  report  the  same  to  the  Com- 
mon Council.  Su-ch  report  shall  specify  the  several  puri^oses  for 
which  the  money  should  be  raised,  and  the  amount  required  for 
each  purpose,  including  the  amount  necessary  for  the  mainte- 
nance of  the  police  force,  the  public  schools  in  said  city,  the 
Washington  park  and  city  parks  thereof,  and  the  Common  Coun- 
cil shall  consider  and  adopt  the  same,  with  such  changes  and 
amendments  as  shall  seem  to  it  proper,  except  that  no  changes 
shall  be  made  in  such  items  thereof  as  shall  relate  to  the  interest, 
printiipal  or  sinking  fund  for  the  public  debt  of  the  city. 

(As  amended  by  chapter  635,  Laws  of  1886,   sec.  1,  and  by  chap- 
ter 171,   Laws  of  1892,   sec.  9.) 


106  Charter  of  the  City  of  Albany. 

Budget  to  include  $35,000  for  sinking  funds. 

§  7.  In  addition  to  the  iuterost  on  tlie  city  debt  for  the  ensuing 
year,  and  such  sums  as  are  otherwise  directed  by  law  to  be 
raised  and  paid  into  the  general  debt  sinking  fund,  there  shall  be 
included  in  each  city  tax  budget  the  sum  of  thirty-five  thousand 
dollars,  and  the  same  shall  be  raised  by  tax  and  shall  be  credited 
by  the  city  Chamberlain  on  the  first  day  of  April  thereafter,  in 
the  account  kept  by  him  of  the  said  sinking  fund,  and  shall  be 
paid  over  to  the  trustees  of  the  said  sinking  fund,  and  together 
therewith  the  moneys  mentioned  in  sections  fourteen,  fifteen  and 
sixteen  of  title  six  of  this  act,  including  the  proceeds  of  sale  of 
all  real  estate,  or  of  any  lease  or  interest  in  any  real  estate 
owned  by  the  city,  shall  be  paid  into  said  general  debt  sinking 
fund. 

(As   amended  by  chapter  242,   Laws  of  18S7,   sec.   5.) 

Duty  of  Boards  of  Police,  Education  and  Parks  to  certify  to 
Board  of  Finance. — Duty  of  Board  of  Finance  thereupon. 
§  8.  It  shall  be  the  duty  of  tlie  Board  of  Tolice  Commissioners, 
the  Board  of  Public  Instruction,  and  the  Board  of  Commissioners 
of  Washington  Park,  each  to  certify  to  the  Finance  Committee, 
on  or  before  November  first,  in  each  year,  in  detail,  the  several 
purposes  for  which  and  the  amounts  in  which  it  will  be  neces- 
sary that  money  should  be  raised  by  tax  for  the  purposes  of  said 
boards,  respectively;  and  the  Finance  Board  shall  insert  such 
amounts  without  change  in  the  city  tax  budget  to  be  prei)ared 
by  it. 

(As  amended  by  chapter  635,   Laws  of  1886,  sec.   2.) 

When  city  bond  is  paid  or  purchased,  Chamberlain  to  make 
memorandum  in  presence  of  Board  of  Finance,  etc. 
§  9.  Whenever  any  city  bond  shall  be  paid  or  purchased  by  the 
trustees  of  the  sinking  fund,  or  shall  be  presented  for  registry, 
it  shall  be  the  duty  of  the  City  Chamberlain,  in  the  presence  of 
the  members  of  the  Board  of  Finance,  or  a  majority  of  them,  to 
make  a  memorandum  of  the  amount,  number,  date  of  issue,  and 
date  of  payment,  and  rate  of  interest  of  said  bond,  and  the 
authority  under  wliich  and  pun)ose  for  which  it  was  issued, 
and  after  such  memorandum  has  been  duly  examined  and  signed 
by  the  officers  present,  in  duplicate,  one  copy  shall  be  filed  with 
the  Chamberlain  and  the  other  copy  with  the  Clerk  of  the  Com- 
mon Council,  who  shall  present  the  same  to  the  Common  Council 


Board  of  Finance.  107 

at  its  next  meeting,  and  print  it  in  the  mimites  of  that  body. 
Such  bonds,  if  purchased  for  the  sinking  fund,  or  paid,  or  the 
coupons  thereof  only,  if  they  are  presented  for  registry,  shall  be 
burned  in  the  presence  of  such  officers,  after  the  aforesaid  memo- 
randum has  been  made  and  signed;  but  interest  on  all  bonds  so 
purchased  by  the  trustees  of  the  sinking  fund  shall  be  raised  by 
tax  each  year  and  paid  into  the  sinking  fund  in  the  same  man- 
ner as  if  such  bonds  had  not  been  destroyed. 

Bonds  may  be  registered. —  Transfer  of  registered  bonds,  etc. 

§  10.  Any  bond  which  has  been  heretofore  or  may  hereafter 
be  issued  by  the  city  of  Albany,  including  all  bonds  issued  for 
the  construction  or  improvement  of  the  Washington  park,  may 
be  registered  by  an  indorsement  which  shall  be  made  thereon, 
and  be  subscribed  bj^  the  Chamberlain  and  Mayor,  to  the  effect 
that  such  bond  has  been  duly  registered  in  the  office  of  the  Cham- 
berlain, and  that  the  interest  shall  be  paid,  at  times  to  be  speci- 
fied, to  the  person  in  whose  name  such  bond  is  registered.  No 
bond  shall  be  registered  until  the  coupons  attached  thereto  shall 
have  been  cut  therefrom  and  destroyed,  after  a  memorandum 
thereof  shall  have  been  made  to  the  effect,  and  in  the  manner, 
and  signed  in  duplicate  and  filed  as  above  provided  for.  Any 
registered  bond  may  be  transferred  by  an  instrument  in  writ- 
ing, duly  acknowledged,  and  such  bond  shall  be  registered  in  the 
name  of  the  purchaser  thereof,  whenever  such  bond  shall  be  pre- 
sented to  the  Chamberlain,  and  there  shall  be  filed  with  the 
Chamberlain  a  written  power  of  attorney  in  a  form  to  be  pre- 
pared by  him,  duly  executed  and  acknowledged  by  the  person  in 
whose  name  such  bond  is  registered,  reciting  the  transfer  of  such 
bond  and  directing  and  authorizing  the  Chamberlain  to  register 
the  same  in  the  name  of  the  transferee.  At  the  time  of  making 
such  change  in  the  registry  of  said  bond,  the  Chamberlain  shall 
note  upon  the  bond  the  name  of  the  person  to  whom  it  has  been 
transferred.  It  shall  be  the  duty  of  the  Finance  Board,  in  the 
printing  of  bonds,  to  provide  proper  blanks  thereon  for  the  reg- 
istry thereof,  and  also  to  provide  a  proper  book  to  be  kept  in  the 
Chamberlain's  office,  in  which  shall  be  entered  the  several  mat- 
ters relating  to  the  several  registered  bonds  required  to  be  stated 
in  the  memorandum  above  mentioned,  together  with  the  date  of 
the  registry,  the  name  of  the  owner,  and  such  other  matters  as 
may  be  directed  by  the  Board  of  Finance.  All  bonds  registered 
as  above  provided  for  shall  cease  to  possess  the  properties  peculiar 
to  negotiable  paper,  and  the  principal  and  interest  on  all  regis- 


108  Charter  of  the  City  of  Albany. 

tered  bonds  shall  be  paid  to  the  person  in  whose  name  such  bonds 
are  registered  at  the  time  when  such  interest  or  principal  falls 
due,  and  such  payment  shall  be  made  at  the  office  of  the  Cham- 
berlain of  said   city. 

Street  cleaning  estimate. — Contract  therefor. — Proposals  there- 
for.— Selection  of  bids. — Return  of  checks. — Sureties,  how 
approved. — Non-performance  of  contract,  charges  how  inves- 
tigated.— Termination  of  contract. — Street  Commissioner 
may  cause  work  done. — Contracts  for  1891. 
§  11.  The  Board  of  Finance  shall,  in  the  year  eighteen  hundred 
and  ninety-one,  and  eveiy  two  years  thereafter,  estimate  the 
amounts  required  to  be  expended  each  year  during  the  next  suc- 
ceeding two  years,  commencing  on  the  first  day  of  April,  after 
such  estimate  for  the  purpose  of  cleaning  the  streets,  avenues, 
alleys  and  public  places  of  the  city  of  Albany,  and  removing 
ashes  therefrom,  and  shall  present  the  same  with  the  tax  budget 
contained  in  their  annual  report  to  the  Common  Council  of  said 
city.  After  such  appropriation  is  made,  and  upon  the  expiration 
of  any  existing  contract  for  cleaning  the  streets  of  said  city,  and 
every  two  years  thereafter,  the  Board  of  Contract  and  Apportion- 
ment of  said  city  is  hereby  authorized  to  make  a  contract  in  the 
manner  hereinafter  provided  and  in  the  name  of  the  city  of 
Albany,  with  some  responsible  person  or  persons,  for  cleaning 
the  streets,  avenues,  alleys  and  public  places  of  said  city,  and 
removing  ashes  therefrom  during  the  two  years  next  succeeding 
the  date  of  the  expiration  of  the  preceding  contract,  provided, 
however,  that  the  contract  so  made  shall  not  involve  an  expendi- 
ture during  any  year  in  excess  of  the  amount  estimated  as  afore- 
said, as  required  to  be  expended  for  the  purposes  aforesaid  dur- 
ing that  year.  The  terms  and  conditions  of  the  contracts  author- 
ized to  be  made  by  this  section  shall  be  fixed  in  specifications  to 
be  prepared  under  the  supervision  of  the  City  Engineer,  which 
specifications  shall  be  printed  and  filed  in  the  office  of  said  Board 
of  Contract  and  Apportionment  before  proposals  are  invited. 
The  specifications  shall  require  adequate  security  to  be  given  for 
the  performance  of  the  contract.  The  said  Board  of  Contract 
and  Apportionment  shall  advertise  in  the  official  newspapers  in 
the  manner  required  by  this  act  for  other  contracts  for  pro- 
posals to  perform  the  work  in  accordance  with  the  specifications; 
each  proposal  must  be  accompanied  by  a  certified  check  on  a 
solvent  banking  incorporation  in  the  city,  payable  to  the  order 


Board  of  Finance.  109 

of  the  Chamberlaiu,  fur  the  sum  of  live  thousaud  dollars.  From 
the  proposals  so  received,  the  said  Board  of  Contract  and  Appor- 
tionment may  select  the  bid,  the  acceptau'ce  of  which  will,  in  its 
judgment,  best  secure  the  etlicient  performance  of  the  work,  or 
it  may  reject  any  or  all  of  said  bids.  On  the  acceptance  of  any 
bid  by  the  said  board,  the  checks  of  the  imaccepted  bidders  shall 
be  returned  to  them,  and  upon  the  completion  of  the  contra>Lt 
the  cheek  of  the  accepted  bidder  shall  be  returned  to  him.  The 
sureties  on  all  such  contracts  shall  be  approved  by  the  Chamber- 
lain of  the  city,  and  all  such  contracts  and  bonds  securing  the 
same  shall  be  approved  as  to  form  by  the  Con)oration  Counsel. 
The  administration  of  the  contract  shall  be  under  the  direction 
and  supervision  of  the  Street  Commissioner.  Whenever  a  sworn 
petition,  signed  by  fifteen  or  more  taxpayers  of  said  city,  shall 
be  filed  in  the  oflSce  of  the  Street  Commissioner  alleging  that 
any  contractor  has  failed  in  the  performance  of  any  of  the  require- 
ments of  the  contract  upon  his  part  to  be  kept  and  performed, 
and  also  alleging  in  what  particulars  he  has  so  failed,  the  Street 
Commissioner  shall  investigate  the  charges  contained  in  said 
petition,  and  if.  after  hearing  any  contractor,  he  shall  find  that 
the  contractor  has  failed  to  perform  his  contract  in  any  of  the 
particulars  specified,  he  may.  with  the  consent  of  the  Mayor, 
terminate  the  contract,  and  the  finding  of  the  Street  Commissioner 
in  that  behalf,  after  the  confirmation  thereof  by  the  Mayor,  shall 
be  final  and  conclusive,  and  the  said  Street  Commissioner  shall 
proceed  to  make  another  contract  for  the  unexpired  term  of  the 
contract  so  terminated,  and  the  contractor  and  his  sureties  shall 
remain  liable  to  the  said  city  for  the  damages  it  sustains  by  rea- 
son of  his  failure  to  perfonn  the  requirements  of  the  contract  so 
terminated.  The  Street  Commissioner  shall  have  power  to  cause 
the  streets,  avenues,  alleys  and  public  places  of  said  city  to  be 
cleaned,  and  the  ashes  to  be  removed  therefrom,  during  such 
times  as  a  contract  for  the  performance  of  such  work  is  not  in 
force,  and  the  expense  of  the  work  shall  be  paid  out  of  the  funds 
raised  for  the  purposes  aforesaid.  During  the  year  eighteen  hun- 
dred and  ninety-one.  the  Street  Commissioner  is  authorized  to 
enter  into  a  contract  or  contracts  after  the  manner  in  this  sec- 
tion provided,  and  the  payment  for  the  work  performed  in  pur- 
suance thereof  shall  be  made  out  of  the  contingent  fund. 
(Added  by  chapter  286,  Laws  of  1891,  sec.  19.) 


110  Charter  of  the  City  of  Albany. 

Amount  of  contract  to  be  included  in  estimate. 

§  12.  Tlie  said  Board  of  Finance  shall,  each  year,  include  in 
their  estimate  of  the  amount  required  to  be  raised  for  city  pur- 
poses the  amount  necessary  to  meet  during  the  year  any  exist- 
ing contract  for  the  cleaning  of  streets. 

(Added  by  chapter  286,   Laws  of  1891,  sec.  19.) 

TITLE   IX. 

Board  of  Contkact  and  ArpouTioNMKNT. 

How  constituted. 

Section  1.  The  Board  of  Contract  and  Apportionment  shall  con- 
sist of  the  Mayor,  the  Chamberlain,  the  Street  Commissioner,  the 
City  Engineer  and  Surveyor,  the  President  of  the  Common  Coun- 
cil. The  Corporation  Counsel,  or,  in  his  absence,  his  assistant, 
shall  have  the  right  to  be  present  at  every  meeting  of  the  board, 
and  it  shall  be  the  duty  of  the  Clerk  of  such  board  to  send  him 
a  notice  of  every  meeting  of  the  board,  but  a  failure  to  give  such 
notice  shall  not  invalidate  any  action  of  the  board. 

Regular  meetings. 

§  2.  The  said  board  shall  hold  regular  meetings  on  the  first  and 
third  Mondays  of  each  month,  at  such  time  as  said  board  shall 
determine,  between  the  hours  of  nine  A.  M.  and  five  P.  M.,  at 
which  meeting  the  reporters  of  the  newspapers  published  in  the 
<?ity  of  Albany  shall  be  permitted  to  be  present,  provided  that 
the  board  may  have  executive  sessions  for  the  consideration  and 
transaction  of  all  business  which  the  board  may  have  a  right  to 
do  by  virtue  of  any  law,  but  any  action,  decision  or  resolution 
taken,  made  or  adopted  at  such  meeting,  shall  be  entered  In  the 
printed   proceedings   of   the   board. 

Duties. 

§  3.  Said  board  shall  have  charge,  under  the  direction  of  tlie 
Common  Council,  of  the  altering,  regulating,  grading,  paving, 
repaving,  flagging,  curbing,  guttering,  cleaning,  sprinkling,  open- 
ing, draining,,  repairing  and  lighting  of  streets,  roads,  places, 
alleys  and  avenues,  of  fencing  and  filling  lots,  of  building,  repair- 
ing and  lighting  dO'Cks,  wharves  and  piers,  and  of  the  construction 
and  repairing  of  public  streets,  drains,  roads,  alloys  and  bridges. 

(As  amended  by  chapter  286,   Laws  of  1891,   sec.   20.) 


Board  of  Contract  and  Apportionment.     Ill 

To  issue  proposals  for  work,  etc. — Exception. 

§  4.  It  shall  issue  all  proposals,  receive'  all  bids,  and  award  all 
contracts  for  the  paving,  repaying,  curbing,  guttering,  flagging, 
planking,  grading,  excavating,  filling,  constructing,  lighting, 
repairing,  cleaning,  sprinkling,  opening  and  improving  all  streets, 
avenues,  lanes,  alleys,  drains,  docks,  basins,  cesspools  and  cul- 
verts, for  fencing,  draining  and  filling  lots,  and  for  everything 
connected  therewith  in  said  city,  and  shall  exercise  the  power  and 
duty  of  assessing  and  apportioning  the  expense  tht;reof;  said 
board  shall  also  issue  all  proposals,  receive  all  bids  and  award 
the  contracts  for  removing  the  street  dirt  and  garbage  in  said 
city,  and  for  the  doing  of  such  other  work,  and  the  furnishing  of 
such  materials  as  said  board  shall  be  directed  by  the  Common 
Council  to  have  done  or  furnished.  No  contract,  except  for  light- 
ing the  city,  shall,  how^ever,  be  let  or  made  for  any  pui-pose  for  a 
longer  period  than  two  years. 

Contracts  to  be  let  to  lowest  bidder. — Penalty  of  bond.  etc. 

§  5.  All  contracts  made  or  let  by  said  board  shall  be  let  to  the 
lowest  responsible  bidder,  whD  shall  offer  to  do  the  work  or  pro- 
vide the  materials,  and  present  with  his  bid  the  bond  hereinafter 
mentioned,  conditioned  for  his  entering  into  the  contract  and  for 
the  performance  of  the  same.  Such  bond  shall  be  in  the  penalty 
of  not  less  than  twice  the  aggregate  of  the  amounts  named  in  the 
bid,  but  in  the  discretion  of  the  board  need  not  exceed  five  thou- 
sand dollars.  It  shall  be  executed  by  the  contractor  and  two  suf- 
ficient sureties,  which  sureties  shall  be  freeholders  in  this  State, 
and  shall  each  justify  in  the  amount  of  the  bond,  stating  in  such 
justification  the  real  estate  owned  by  them;  it  shall  be  in  a  form 
to  be  prepared  by  the  Corporation  Counsel,  and  shall  provide, 
among  other  things,  for  the  payment  in  case  of  a  failure  by  the 
contractor  with  the  city  to  perform  the  contract,  in  addition  to 
the  damages  actually  arising  therefrom,  of  liquidated  damages 
in  one-tenth  of  the  respective  amounts  in  the  contract  provided 
to  be  paid  for  the  whole  item  of  Avork  and  materials  as  to  which, 
or  part  of  which,  he  shall  be  in  default. 

Contracts  and  bonds  to  be  approved  as  to  form  by  corporation 

counsel. 

§  6.  All  such  contracts  and  bonds  shall  be  approved  as  to  their 

form   and  validity  by   the   Corporation   Counsel   or  his   assistant 

before    any    action    shall    be    taken    under   such    contract;    such 


112  Charter  of  the  City  of  Albany. 

approval  to  be  signified  by  bis  indorsement  of  it  on  sucb  contracts 
and   bonds. 

When  contract  to  be  signed,  work  commenced,  etc. 

§  7.  After  a  contract  is  awarded  the  party  or  parties  to  whom 
such  award  is  made  shall  sign  the  same  within  ten  days  from 
the  date  of  said  award,  and  the  work  under  such  contract  shall 
be  commenced  within  the  time  set  forth  in  the  specification,  unless 
the  board  shall,  by  a  two-thirds  vote  of  all  the  members,  enlarge 
such  time;  and,  if  the  party  or  parties  to  whom  said  award  is 
made  shall  fail  to  so  sign,  or  to  so  begin  the  Avork  as  above 
required,  or  to  cause  the  same  to  progress  to  the  satisfaction  of 
the  Street  CommLssioner,  the  Street  Commissioner  shall  report  the 
facts  thereof  to  the  Corporation  Counsel,  whose  duty  it  sliall  then 
be  to  notify  the  contractor  and  his  sureties  to  proceed  with  sa'd 
work,  as  required,  within  ten  days  from  the  receipt  of  said 
notice,  and  if  the  contractor,  or  his  sureties,  shall  fail  to  comply 
■with  said  notice,  the  Coi-poration  Counsel  and  Street  Commis- 
sioner shall  notify,  in  writing,  the  Board  of  Contract  and  Appor- 
tionment, who  shall  thereupon  vacate  the  contract  and  relet  the 
said  work  to  the  next  lowest  bidder,  or  readvertise  for  new  bids; 
the  party  or  parties  failing,  as  above,  shall  be  barred,  both 
directly  and  indirectly,  from  rebidding  for  said  work,  and  the  Cor- 
poration Counsel  shall  thereupon  proceed  against  the  contractor 
and  his  sureties,  and  shall  recover  upon  his  bond  all  damages 
resulting  from  his  failure  to  perform  his  contract,  together  with 
any  liquidated  damages  therein  provided  to  be  paid. 

Meetings  to   receive  bids. — Notice   of   letting   of   work,  publica- 
tion  of. —  Posting  of  notices     in     certain    cases. —  Laying 
plank  walks  and  fencing  vacant  lots. 
§  8.  For  the  purpose  of  receiving  bids  the  board  shall  meet  at 
the  ofl&ce  provided  for  it,  at  a  time  of  which  at  least  four  days' 
notice  specifying  generally  the  Avork  to  be  done  or  materials  to 
be  furnished,  and  the  place  Avhere  specifications  of  the  work  to 
be  don(>  or  materials  to  be  furnished  f'an  be  obtained,  shall  have 
been   given   in   the   ofiicial   papers  by   five  publications   of   such 
notice  therein,   all   of  AVhich  publications   shall  be  made  during 
the   interval   between   two   consecutive    regular   meetings   of   the 
board.    But  no  bids  shall  be  received  and  no  contract  awarded  at 
other  than  a  regular  meeting.    Provided,  however,  that  whenever 
the   Common   Council    shall   by    resolution,     duly    adopted     and 


Board  of  Contract  and  Apportionment.     \  |y 

approved  by  the  Mayor,  order  the  laying  of  any  plank  walk  or 
the  fencing  of  any  vacant  lots,  the  cost  of  vphich  is  estimated  to 
be  less  than  tvA'o  hundred  dollai's,  the  notice  advertising  the  letting 
of  such  work  above  required  may,  in  the  discretion  of  said 
Board  of  Contract  and  Apportionment,  be  posted  in  a  conspicuous 
place  in  the  City  Hall  instead  of  being  published  in  the  official 
papers.  The  Board  of  Contract  and  Apportionment  is  authorized 
to  enter  into  a  contract  for  such  work  last  mentioned  and  to 
assess  the  expense  of  the  same  in  the  manner  provided  by  law  for 
all  other  work  performed  under  its  direction,  but  the  notice  of 
apportionment  of  any  of  the  work  of  laying  any  such  plank  walk 
or  the  fencing  of  any  vacant  lots,  the  cost  of  which  is  estimateQ 
to  be  less  than  two  hundred  dollars,  shall,  in  lieu  of  being  printed 
in  the  official  newspapers  as  now  required  by  section  twenty-nine 
of  this  title,  be  sent  by  the  Board  of  Contract  and  Apportionment 
by  writing,  by  mail,  to  any  person  whose  lot  has  been  assessed, 
or  to  the  occupant  thereof,  if  such  person  can  be  found. 

(As  amended  by  chapter  286,  Laws  of  1891,  sec.  32,  and  by  chap- 
ter 631.  Laws   of  1894,   sec.  2.) 

Members  must  attend  at  time  and  place  fixed  when  bidding  to 
be  closed,  etc. 

§  9.  It  shall  be  the  duty  of  each  member  of  the  board  to  attend 
at  the  office  of  the  board  at  the  time  mentioned  in  such  notice, 
and  at  such  place  and  time  all  bids  for  doing  the  work  or  provid- 
ing the  materials  mentioned  in  such  notice  shall  be  presented, 
and  after  all  bids  have  been  presented,  but  not  until  one-half  hour 
after  the  time  designated  for  the  holding  of  the  meeting  has 
elapsed,  the  bidding  shall  be  declared  closed,  and  immediately 
thereafter  all  bids  thus  received  shall  be  the  property  of  the 
board  and  shall  be  opened  by  some  member  of  the  board  or  by 
its  clerk,  even  though  a  majority  of  the  members  of  such  board 
should  not  then  be  present.  But  no  bid  shall  be  considered  which 
does  not  comply  with  the  rules  of  said  board,  or  which  has  not 
indorsed  thereon  the  title  of  the  work  to  which  it  relates,  the 
name  of  the  bidder  and  his  residence. 

Changing  bids,  etc.,  a  misdemeanor. 

§  10.  The  changing,  correcting  or  filling  in  of  any  blank  of  any 
bid,  or  any  portion  thereof,  by  any  person,  after  its  presentation 
and  before  the  recording  of  said  bid.  as  hereinafter  required,  shall 
be  and  constitute  a  misdemeanor. 

8 


114  Charter  of  the  City  of  Albany. 

Abstract  of  bids  to  be  made,  etc. 

§  11.  An  abstract  of  each  bid  coutaiuiug  the  prices  shall  be 
then  and  there  forthwith  entered  in  ink,  upon  a  special  book  of 
minutes  of  said  board,  to  be  kept  for  that  purpose.  And  any 
person  knowingly  making  any  mis-statement,  or  any  false  entiy 
in  said  book,  even  though  by  the  direction  of  said  board,  or  any 
member  thereof,  or  if  the  clerk  or  any  member  of  such  board 
shall  knowingly  permit  any  such  false  entry  or  mis-statement  to 
be  made,  he  or  they  shall  be  deemed  guilty  of  a  misdemeanor. 

Bidders  may  present  bids  and  and  be  present  when  bids  are 
opened. 
§  12.  Each  bidder  shall  be  at  liberty  to  himself  present  his  bid 
at  the  time  and  place  above  designated,  to  the  board,  and  the 
bidders  and  the  accredited  reporters  of  all  the  newspapers  pub- 
lished in  the  city  shall  have  the  right  to  be  present  when  such 
bids  are  opened  and  such  entries  are  made. 

Board  may  advertise  for  new  bids. 

§  13.  It  shall  be  the  duty  of  the  Board  of  Contract  and  Appor- 
tionment, when  the  bids  received  under  any  advertisement  for 
the  furnishing  of  any  materials  or  the  doing  of  public  work  shall, 
in  the  opinion  of  such  board,  be  such  as  to  make  it  desirable  that 
new  bids  be  received,  to  cause  a  new  advertisement  to  be  made 
for  the  bids,  under  which  all  proceedings  shall  be  conducted  in 
the  manner  herein  specified. 

Printed  blanks  for  bids  to  be  furnished. 

§  14.  The  board  shall  furnish,  to  any  one  demanding  them, 
printed  blanks  for  bids  or  proposals  for  the  doing  of  the  work  or 
providing  the  materials  upon  which  such  bids  or  proposals  must 
be  made. 

Specifications  and  proposals. 

§  15.  All  specifications  of  work  to  be  done  or  for  materials  to  be 
furnished  shall  specify  a  definite  kind  of  materials  to  be  furnished, 
and  a  definite  kind  of  work  to  be  done;  and  each  and  every  pro- 
posal shall  provide  for  the  doing  of  such  specified  work,  or  the 
f  lu'nishing  of  such  specified  materials,  or  both,  at  a  specified  price, 
and  that  such  proposal  is  for  furnishing  all  material  and  labor 
necessary  for  the  full  and  perfect  completion  of  all  the  work,  in 
all  its  parts,  as  required  by  and  in  accordance  with  the  specifiea- 


Board  of  Contract  and  Apportionment.     115 

tious  tln-1-elor,  aud  llie  law  or  ordiuauce  of  the  Commou  Couucil 
rilating   thereto. 

Contractors  must  satisfy  themselves  as  to  all  matters  before 
signing  contract. 
§  1(5.  Before  any  contract  is  entered  into  as  herein  provided,  the 
person  or  persons  whose  bid  is  accepted  must  satisfy  himself  or 
themselves  as  to  all  matters  relating  to  the  work  to  be  performed, 
and  by  entering  into  the  contract  such  person  or  persons  shall  be 
excluded  from  thereafter  raising  any  question  or  claim  as  to,  or  on 
account  of,  any  representation  by  any  officer  or  officers  of  the 
city  in  reference  to  any  matter  or  thing  relating  to  said  work. 

City  Engineer  to  prepare  specifications. 

§17.  Before  any  work  is  advertised  for  bids,  the  City  Engineer 
and  Surveyor  shall  prepare  specifications  and  make  a  profile  and 
an  approximate  estimate  of  quantities  for  said  work  and  ah 
measurements  therefor,  and  a  copy  of  such  specifications,  profile 
and  approximate  estimate  shall  be  filed  with  the  clerk  of  the 
board,  and  shall  be  preserved  by  him  among  the  records  of  bis 
office,  and  any  intentional  mis-statement  or  false  measurement 
therein,  or  in  the  final  estimate  of  measurement  of  the  work  done 
or  materials  furnished,  shall  be  and  constitute  a  misdemeanor  on 
the  part  of  the  person  making  the  same. 

Penalty  for  including  work  not  required,  etc. 

§  IS.  Any  officer  or  employe  of  the  city,  or  person  appointed  to 
perform  or  superintend,  or  charged  with  the  superintendence  or 
performance  of  any  duty  or  Avork  for  the  city,  who  knowingly 
shall  include,  in  any  specification.  Avork  not  required  or  intended 
to  be  executed,  or  knowingly  shall  certify  to  the  performance  of 
any  work  which  has  not  been  executed,  or  the  furnishing  of  any 
materials  which  shall  not  have  been  furnished,  or  to  the  per- 
formance of  the  work  or  the  furnishing  of  materials  in  accordance 
with  the  provisions  of  the  law.  the  contract  or  the  specifications, 
when  such  work  ha.s  not  been  done,  or  such  materials  as  to 
quality,  quantitj'  or  kind  have  not  been  furnished  in  fact  in 
accordance  therewith,  shall  be  guilty  of  a  misdemeanor. 

Board  to  have  an  office  and  keep  rooms  open. 

§  19.  Said  board  shall  have  an  office  at  a  place  in  the  citj-  of 
Albany,  to  be  designated  by  the  Common  Council,  which  shall  be 


116  Charter  of  the  City  of  Albany. 

"kept  open  from  nine  in  the  morning  to  five  in  tlie  afternoon  of 
each  day,  except  Sundays  and  legal  holidays. 

Quorum. 

§  20.  A  majority  of  said  board  shall  constitute  a  quorum  for  the 
transaction  of  business. 

Clerk,  salary. 

§  21.  The  board  shall  biennially  appoint  a  competent  person  as 
clerk  of  said  board  at  a  salary  of  two  thousand  dollars  per  annum, 
payable  monthly. 

Minutes  of  proceedings  to  be  kept  and  printed. 

§  22.  It  shall  be  the  duty  of  the  clerk  of  the  Board  of  Contract 
and  Apportionment  to  keep  and  i*educe  to  writing,  full,  accurate 
and  true  minutes  or  a  journal  of  the  proceedings  of  said  board 
and  of  the  votes  of  the  members  tliereof,  which  votes,  when  the 
proposed  action  of  the  board  awards  a  contract  or  assesses  or 
apportions  the  expense  of  any  work,  or  accepts  or  approves  of  any 
work,  or  directs  the  payment  or  expenditure  of  any  money,  shall 
be  taken  by  ayes  and  noes  and  entered  upon  the  minutes.  Within 
ten  days  after  each  meeting  of  the  board  he  shall  cause  the 
minutes  of  said  board  to  be  printed,  and  distributed  within  the 
same  time,  and  in  the  same  manner,  and  to  the  same  persons  who 
are  entitled  to  the  printed  minutes  of  the  Common  Council,  and 
cause  the  same,  at  the  close  of  the  year,  to  be  indexed  and  bound, 
to  the  number  of  two  hundred  and  fifty  copies,  in  the  same 
manner  as  provided  for  the  proceedings  of  the  Common  Council. 
Such  printing  and  binding  shall  be  done  at  a  price  not  exceeding 
the  ordinary  rates  paid  for  such  work. 

Clerk. — Additional  clerks. 

§  23.  The  said  clerk  shall  perform  such  duties  as  said  board  may 
prescribe,  and  shall  also  act,  without  further  compensation,  as  the 
•clerk  of  the  Street  Commissioner.  The  board  may,  if  necessary, 
appoint  two  additional  clerks  at  a  salary  not  exceeding  one 
thousand  dollars  each  per  annum,  payable  monthly,  to  assist  the 
clerk,  and  perform  such  other  duties  as  the  board  and  Street 
Commissioner  may  prescribe. 

(As  amended  by  chapter  64,  Laws  of  1890,  sec.  4.) 


Board  of  Contract  and  Apportionment.    117 

Chief  of  Police  to  regulate  street  cleaning. — Penalty  for  placing 
rubbish  in  streets. — Proviso. 
§  24.  It  shall  be  the  duty  of  the  Chief  of  Police  to  regulate  the 
cleaning  and  sweeping  of  the  streets,  avenues,  alleys, 
sidewalks,  wharves,  docks,  roads  and  cross-walks,  and 
the  cleaning  of  ice  and  snow  from  the  sidewalks  and 
gutters  in  said  city;  and  any  pei'son  emptying,  throw- 
ing or  placing,  or  using  any  article,  thing,  vehicle  or 
device  through  or  from  which  there  shall  fall  or  be  discharged, 
or  authorizing  or  directing  any  person  or  permitting  any  employe 
or  servant  to  empty,  throw  or  place,  or  to  use  any  article,  thing, 
vehicle  or  device  from  which  there  shall  fall  or  be  discharged,  any 
sweepings,  dirt,  ashes,  papers,  rubbish  or  other  materials  of  any 
kind  in  any  of  the  public  streets,  alleys  or  places  of  the  city  of 
Albany,  unless  contained  in  a  close,  securely  -covered,  receptacle 
and  temporarily  placed  in  the  street  for  removal  or  unless  pursu- 
ant to  a  permit  to  use  a  portion  of  such  street  for  building  pur- 
poses or  unless  upon  an  authorized  dumping  ground  for  such 
material,  or  by  instruction  of  the  Street  Commissioner,  shall  be 
guilty  of  a  misdemeanor,  and  shall,  upon  conviction,  be  punished 
by  a  fine  of  not  less  than  ten  nor  more  than  one  hundred  dollars 
or  by  imprisonment  in  the  Albany  Penitentiary  for  not  less  than 
ten  nor  more  than  one  hundred  days,  or  by  both  such  fine  and 
imprisonment.  This  provision  shall  not  apply,  however,  to  any 
dirt,  sand  or  other  similar  material  used  by  any  manufacturer  in 
his  business  when  temporarily  deposited  in  any  public  street,  alley 
or  place  in  the  course  of  removal  to  or  from  his  place  of  business 
provided  such  dirt,  sand  or  material  shall  not  be  allowed  to  remain 
so  deposited  in  any  public  street,  alley  or  place  for  a  longer 
period  than  six  hours. 

(As  amended  by  chapter  64,   Laws  of  1890,   sec.   5.) 

City  to  be  divided  into  districts. 

§  25.  The  city  shall  be  divided  into  districts,  and  the  cleaning  of 
such  districts  shall  be  done  by  the  occupants  or  owners  of  propei-ty 
in  front  of  such  property  to  the  center  line  of  the  street,  in  such 
manner  and  at  such  times  as  may  be  prescribed  by  the  said  Chief 
of  Police  or  his  subordinates. 

Occupants  to  be  notified  to  clean  streets,  etc. — If  work  is  not 
done  Chief  to  cause  work  to  be  done. 
§  26.  In  case  the  occupants  or  owners  of  property  shall  not  clean 


1]8  Charter  of  the  City  of  Albany. 

and  sweep  the  streets,  avenues,  alleys,  sidewalks,  wharves,  docks, 
roads  and  cross-walks,  or  clean  the  ice  and  snow  from  the  side- 
walks and  gutters  in  front  of  their  respective  pieces  of  property, 
as  required  by  said  police,  it  shall  be  the  duty  of  the  Chief  of 
Police  or  his  subordinates  to  notify  the  occupant  of  the  house  or 
lot  before  which  such  work  has  not  been  done,  and  in  case  he 
cannot  be  found,  the  owner  of  such  house  or  lot;  and  if  such 
work  is  not  done  forthwith,  or  in  case  the  contractor  whose  duty 
it  may  be  to  remove  the  street  dirt  or  snow  shall  fail  or  neglect 
to  remove  the  same,  the  Chief  of  Police,  or  his  subordinates,  shall 
at  once  cause  the  work  to  be  done,  or  the  dirt  or  snow  to  be 
removed,  and  the  expense  of  so  doing,  when  certified  by  the  Chief 
of  Police,  shall  be  paid  by  the  owner  or  occupant  of  the  property 
or  charged  to  the  contractor,  as  hereinafter  provided. 

Arrest  for  failure  to  pay  such  expense. — Board  of  Contract  to 
let  contract  for  neglected  work. — Expense  and  assessment 
therefor. — Unknown  owners. — '^  Occupant  "  defined. 
§  27.  If  such  owner  or  occupant  shall  fail  to  pay  such  expense, 
the  occupant,  or,  in  case  he  cannot  be  found,  the  owner  shall  be 
arrested  upon  a  warrant  to  be  issued  by  one  of  the  city  police 
magistrates  upon  the  complaint  of  the  Chief  of  Police  and  fined 
not  less  than  the  expense  so  incurred  and  an  additional  amount, 
not  to  exceed  five  dollars,  by  way  of  punishment.  The  amount 
of  the  expense  incurred  shall  be  paid  to  the  person  doing  the 
work.  In  case  the  default  shall  be  on  the  part  of  the  contractor, 
the  Chamberlain  shall  pay  the  expense  on  the  certificate  of  the 
Chief  of  Police  and  deduct  such  amount  from  any  amount  falling 
due  to  the  contractor  from  the  city.  If  neither  the  owner  or 
occupant  of  any  house  or  lot  can,  after  reasonable  search,  be 
found,  or  if  the  owner  of  any  house  or  lot  shall  have  been  con- 
victed twice  within  any  period  of  six  months  of  not  having 
caused  the  street  in  front  thereof  to  be  swept,  or  the  ice  or  snow 
to  be  cleaned  therefrom,  or  (in  case  the  same  be  so  congealed 
as  to  make  its  removal  impossible)  of  not  having  caused  the  said 
snow  or  ice  to  be  strewed  with  ashes  or  sand  or  other  material 
required  by  the  city  laws  or  ordinances  it  shall  be  the  duty  of 
the  captain  of  the  precinct  in  which  the  lot  is,  to  so  certify  to 
the  Board  of  Contract  and  Apportionment.  Said  Board  of  Con- 
tract and  Apportionment  shall  thei'eupon  forthwith  enter  into  a 
contract  with  some  competent  person  without  advertisement  of 
notice  for  bids  to  do  tlie  work  of  sweeping  up  the  street  and  of 


Board  of  Contract  and  Apportionment.     119 

keeping  the  same  and  the  sidewalk  thereof  clear  of  snow  and  ice 
and  of  strewing  the  same  with  proper  material,  when  necessary, 
in  front  of  such  house  or  lot,  for  the  period  of  one  year  from  the 
tune  of  the  letting  of  each  contract.  The  expense  of  such  work 
shall  be  paid  out  of  the  street  contingent  fund  to  the  person  per- 
forming such  contract,  and  the  same  shall  be  assessed  upon  and 
collected  by  a  sale  of  the  lot  in  front  of  which  the  work  shall  be 
done,  in  the  same  manner  that  the  expense  of  other  city  work  is 
assessed  upon  the  property  benefited.  If  the  owner  or  occupant's 
name  be  unknown,  the  assessment  shall  be  made  to  "  unknown 
owner."  The  certificate  of  the  captain  of  the  precinct  shall  be 
prima  facie  evidence  of  the  several  facts  therein  stated,  which  are 
necessary  to  give  jurisdiction  to  the  Board  of  Contract  and  Appor- 
tionment to  act  in  the  premises.  Such  certificate  shall  contain  a 
general  description  of  the  house  or  lot,  by  street  number  or  by  its 
frontage  and  a  reference  to  some  known  monument  or  by  other 
proper  designation,  which  house  or  lot  may  be  more  accurately 
described  in  the  contract  and  assessment  to  be  made  in  reference 
thereto  by  the  Board  of  Contract  and  Apix)rtionment.  The  word 
"  occupant,"  as  used  in  sections  twenty-sis  and  twenty-seven  of 
this  title,  so  far  as  any  notice  to  any  occupant  is  required  thereby, 
shall  be  construed  to  mean  the  person,  whether  the  tenant  or  any 
other  person,  who  may  be  foimd  in  the  house  or  upon  the  lot. 
(As  amended  by  chapter  242,  Laws  of  1887,  sec.  10.) 

Dirt,  garbage  and  sprinkling  contracts. — Sprinkling  contracts, 
how  filed  and  paid  for. — Expense  to  be  apportioned  as  addi- 
tional water  rents. — Assessment  and  collection. 

§  28.  The  Board  of  Contract  and  Apportionment  shall  also  enter 
into  a  contract  or  contracts,  in  accordance  with  the  provisions  or 
this  act,  for  the  removal  of  street  dirt  from  streets,  avenues  and 
squares  of  the  city,  or  the  sprinkling  of  such  streets  and  avenue-* 
and  parts  thereof  as  the  board  may  designate,  for  the  removal  of 
garbage,  for  the  repair  and  care  of  all  unpaved,  planked,  earth 
and  macadamized  streets,  the  surface  drains  and  cross-walks 
therein,  except  where  special  provision  is  otherwise  made  there- 
for by  law,  and  in  winter  for  the  removal  of  snow  and  ice  from 
the  sidewalks  in  front  of  the  City  Building  and  in  and  around 
the  parks  (other  than  Washington  park).  Such  contracts,  except 
for  sprinkling,  shall  provide  for  the  sweeping  of  the  streets  in 
front  of  city  property,  and  shall  fix  the  day  and  hours  at  which 
the  street  dirt  and  garbage  shall  be  removed  from  the  several 


120  C BARTER    OF  THE  CiTT  OF  ALBANY. 

houses,  streets,  squares  and  avenues  in  the  city,  and  also,  as  far 
as  practicable,  the  time  within  which  the  snow  and  ice  shall  be 
removed  from  in  front  of  the  city  buildings  and  parks.  The 
expenses  thus  incurred,  except  for  sprinkling,  shall  be  a  city 
charge.  The  said  board  shall,  within  ten  days  after  entering  into 
any  contract  for  sprinkling  as  herein  provided,  file  with  the  Water 
Commissioners  of  the  city  of  Albany  a  certified  copy  of  such  con- 
tract, and  upon  the  Street  Commissioner  certifying  to  the  per- 
formance of  the  work  required  by  any  such  contract  it  shall  be  the 
duty  of  the  said  Water  Commissioners  to  di'aw  upon  the  Chamber- 
lain of  the  said  city  for  any  sums  due  and  payable  to  any  con- 
tractor or  other  person  for  the  performance  of  any  such  contract 
or  part  thereof,  in  accordance  with  the  terms  thereof.  Said  drafts 
shall  specify  the  objects  for  which  they  are  drawn,  and  the 
Chamberlain  shall  pay  the  same  out  of  any  moneys  in  his  hands 
collected  from  city  water  rents,  when  accompanied  by  a  receipt 
of  the  contractor  or  other  person  in  whose  favor  the  same  may  be 
payable.  It  shall  be  the  duty  of  the  said  Water  Commissioners  to 
apportion  and  charge  the  expense  of  sprinkling  any  street  or 
avenue,  or  part  thereof,  under  any  such  contract  with  the  inci- 
dental costs  and  expenses  attending  thesame  as  additional  water 
rents  among  all  the  houses  and  lots  or  vacant  lots  and  franchises 
intended  to  be  benefited  by  such  sprinkling  in  proportion  to  the 
advantages  which  each  shall  be  deemed  by  said  Water  Commis- 
sioners to  acquire,  specifying  the  names  of  the  owners  or  occu- 
pants, if  known,  or  as  they  appear  upon  the  tax-rolls  in  the  office 
of  the  Receiver  of  Taxes,  of  the  buildings  and  lots,  or  vacant  lots 
and  franchises  intended  to  be  benefited  as  far  as  the  nature  of 
the  case  will  admit.  Such  additional  water  rate  so  apportioned 
and  charged  shall  be  assessed  and  collected  in  the  same  manner 
and  at  the  same  time  annually  as  the  regular  water  rents  of  said 
city  are  now  assessed  and  collected,  and  shall  be,  like  State  and 
county  taxes,  a  lien  and  charge  upon  such  buildings,  lots  and 
franchises  as  is  herein  provided. 

(As   amended  by  chapter  286,   Laws  of  1891,   sec.  21.) 

Apportionment  and  assessment  of  improvement  expenses. — 
Notice  of  completion. — Objections. — Review  and  confirma- 
tion.— ^Lien. — Proviso. 

§  29.  It  shall  be  the  duty  of  said  board  to  apportion  and  assess 
all  the  expenses  for  work,  labor  and  services  performed,  and  all 
materials  furnished,  with  the  incidental  costs  and  expenses  attend- 


Board  of  Contract  and  Apportionment.     121 

ing  the  same  for  any  of  the  work  and  improvements  authorized 
by  the  Common  Council,  except  when  the  same  are  made  by  law 
a  city  charge,  among  all  the  houses  and  lots,  vacant  lots  and 
franchises  intended  to  be  benefited  by  such  work  and  improve- 
ments, in  proportion  to  the  advantage  which  each  shall  be  deemed 
to  acquire,  specifying  the  names  of  the  owners  or  occupants,  if 
known,  or  as  they  appear  upon  the  tax-rolls  in  the  office  of  the 
Receiver  of  Taxes,  of  the  houses  and  lots  or  vacant  lots  and  fran- 
chises intended  to  be  benefited,  as  far  as  the  nature  of  the  case 
will  admit.  Such  apportionment  shall  be  duly  verified  by  the 
Street  Commissioner  and  City  Engineer  and  ratified  and  approved 
by  the  Board  of  Contract  and  Apportionment;  and  when  thus  far 
perfected  the  said  board  shall  cause  a  notice  of  the  same  to  be 
published  in  the  official  newspapers  of  the  city  of  Albany  for  five 
days,  during  which  time  the  said  apportionment  and  assessment 
shall  be  opened  for  inspection  and  examination  by  any  person  or 
persons  interested;  and  on  the  application,  in  writing,  of  any  per- 
son considering  himself  aggrieved,  which  application  must  be 
made  within  five  days  after  the  last  publication  of  said  notice, 
and  which  application  shall  contain  the  post-office  address  of  such 
objector,  the  Clerk  of  said  Board  of  Conti-act  and  Apportionment 
shall  cause  a  notice  to  be  given  to  the  pai-ties  so  objecting,  by 
serving  such  notice  upon  such  objector  personally,  or  by  mailing 
the  same  to  the  address  stated  in  such  written  application,  which 
notice  shall  contain  the  time  and  place  of  such  meeting,  that  they 
will  be  granted  a  hearing  in  the  matter,  at  a  meeting  to  be  held 
for  that  pui-pose.  After  such  hearing  and  consideration  of  the 
objections  presented  the  board  may  review  and  correct  such 
apportionment  and  assessment;  and  when  the  said  board  shall 
have  confirmed  the  same,  which  confirmation  must  be  had  at  a 
regular  meeting  of  the  board,  as  hereinbefore  fixed,  an  abstract 
of  the  apportionment  and  assessment,  so  approved  and  confirmed, 
shall  be  filed  with  the  Chamberlain,  and  shall  be  binding  and 
conclusive  upon  the  owner  or  owners,  occupant  or  occupants,  of 
the  houses  and  lots  or  vacant  lots  and  franchises  mentioned  and 
referred  to  in  said  apportionment;  and  said  apportionment  shall 
be  and  remain  a  lien  upon  the  house  or  houses  and  lots  and 
vacant  lots,  franchise  or  franchises  mentioned  therein,  from  the 
time  of  such  confirmation  until  the  said  apportionment  or  assess- 
ment shall  be  paid  or  satisfied;  provided,  however,  that  if  the 
assessment  or  apportionment  is  changed  upon  any  hearing  had 
hereunder,  it  shall  not  be  confirmed  until  five  days'  notice  shall 


J  22  Charter  of  the  City  of  Albany. 

have  been  given  by  publication,  as  above  provided  for,  that  the 
assessment  and  apportionment  as  changed  will  be  open  to  inspec- 
tion. Under  which  notice  the  same  proceedings  shall  be  had  as 
under  the  first  notice  above  mentioned. 

(As  amended  by  chapter  398,  Laws  of  1888,  sec.  17,  and  by  chap- 
ter 286,   Laws   of  1891,    sec.   33.) 

Board  may  correct  error  after  giving  notice  by  mail. 

§  30.  Should  there  occur  an  error  in  the  amount  apportioned, 
description  of  the  lot,  or  name  of  the  owner  or  occupant,  the  said 
board  is  authorized,  on  giving,  through  the  mail,  five  days'  notice 
of  such  intended  correction,  addressed  to  tlie  patfty  interested,  if 
he  be  a  resident  of  the  city,  and  be  known,  or  to  the  agent,  if 
known,  or  any  non-resident,  to  make  the  required  correction;  and 
the  apportionment  and  assessment  thus  corrected  shall  be  col- 
lected in  like  manner  in  all  respects  as  the  original  apportionment 
and  assessment. 

Notice  of  confirmation  of  assessments,  etc.— Interest  on  assess- 
ments.— Payments  to  contractors. 

§  31.  After  the  confirmation  of  any  apportionment  and  assess- 
ment, or  reapportionment  for  any  work  or  improvement,  it  shall 
be  the  duty  of  the  Chamberlain  of  said  city  to  give  notice  in  writ- 
ing, by  mail,  to  any  person  whose  lot  has  been  so  assessed  or 
reassessed,  or  to  the  occupant  thereof,  immediately  thereafter,  if 
such  person  can  be  found.  Any  failure  to  have  the  bid  for  the 
work  properly  indorsed,  or  the  contract  for  the  work  or  the  bond 
of  the  contractor  indorsed  by  the  Corporation  Counsel,  or  his 
assistant,  or  to  send  or  receive  the  notices  abovementioned  of 
confirmation  of  the  assessment,  or  to  comply  with  seotious  fifteen 
and  thirty-two  of  this  title  shall  not  invalidate  any  apportionment 
or  assessment.  The  Chamberlain  shall  charge  and  collect  interest 
at  the  rate  of  twelve  per  centum  a  year  on  all  apportionments 
and  assessments  from  the  fifteenth  day  after  confirmation  till  the 
same  are  paid  or  satisfied.  The  Chamberlain  shall  pay  to  the 
contractor,  or  his  assigns,  the  assessments  so  collected  by  him, 
together  with  interest,  at  the  rate  hereinafter  specified,  until  the 
amount  due  said  contractor  is  fully  paid.  And  the  said  con- 
tractor, or  his  assigns,  shall  be  entitled  to  interest,  at  the  rate 
of  six  per  centum  per  annum  on  such  sums  as  shall  remain  due 
on  his  contract  fifteen  days  from  and  after  the  confirmation  of 


Board  of  Contract  and  Apportionment.     123 

the  apportionment  and   assessment   for   the   doing   of   the   work 
under  sucli  contract. 

(As  amended  by  chapter  242,  Laws  of  1887,  sec.  6,  and  by  chap- 
ter 18,   Laws   of  1894.   sec.  2.) 

Property,  how  to  be  described. 

§  32.  In  describing  property  for  the  purposes  of  assessment,  it 
shall  be  the  duty  of  the  board  to  state,  among  other  things,  the 
street  and  side  of  the  streets  upon  which  and  the  streets  between 
which  the  propertj'  is  situated,  and  to  state,  as  nearly  as  prac- 
ticable, the  number  of  feet  front  on  the  street,  and,  as  nearly  as 
practicable,  the  distance  of  the  property  from  some  street  corner, 
and,  when  known,  the  street  number  and  any  map  number. 

Owners   to   be   allowed   to    make   improvement.— Proviso   as   to 
notice. — Assessment  to  be  made  in  such  cases. 

§  33.  The  Board  of  Contract  and  Apportionment  shall,  in  all 
cases  of  the  paving,  curbing  or  flagging  of  streets  exclusively,  and 
in  other  cases  may,  in  its  discretion,  under  proper  regulations, 
allow  any  owner  or  owners,  in  front  of  whose  property  any  work 
and  improvements  shall  have  been  ordered,  to  commence  such 
improvement,  within  such  time  as  may  be  designated,  which 
shall  be  on  or  before  the  day  fixed  by  the  contract  for  commenc- 
ing work  thereunder,  which  day  shall  be  not  less  than  ten  days 
after  the  letting  of  the  contract,  provided  that  such  owner  or 
owners  shall  have  given  notice,  in  writing,  to  the  Clerk  of  the 
board  two  days  before  the  day  fixed  in  the  published  notice  for 
the  presentation  of  bids,  of  his  intention  so  to  do,  and  shall  have 
upon  the  ground  the  necessary  materials  for  doing  and  complet- 
ing all  the  work  so  ordered,  and  the  work  commenced  at  the 
expiration  of  ten  days  from  the  letting  of  the  contract.  The 
owner  doing  his  own  work  as  herein  provided,  shall  be  assessed 
for  and  pay  to  the  Chamberlain,  in  the  same  manner  as  other 
assessments  and  apportionments  are  paid,  his  proportionate  share 
of  the  incidental  costs  and  expenses  attending  the  work  and 
improvement  ordered. 

§  34.  [Repealed  by  chap.  286,  Laws  1891,  §  37.] 

§  35.  [Repealed  by  chap.  2S6,  Laws  1891,  §  37.] 

§  36.  [Repealed  by  chap.  286,  Laws  1891,  §  37.] 


124  Charter  of  the  City  of  Albany. 

Notice  of  sale  in  case  of  non-pajnnent  of  assessment. — Sale  for 
term  of  years. — Sale  to  be  at  public  auction. — Rights  of 
purchaser. 
§  37.  In  case  the  owner  or  owners  of  any  houses  or  lots  of 
ground,  franchises  or  other  real  estate,  shall  fail  to  pay  any  appor- 
tionment or  assessment  levied  thereon  under  the  provisions  of 
this  act,  before  the  expiration  of  six  weeks  after  the  confirmation 
thereof,  as  provided  in  this  act,  it  shall  be  the  duty  of  the  Cham- 
berlain of  the  city  of  Albany  forthwith  to  cause  a  notice  contain- 
ing the  name  of  the  owner  or  occupant,  if  known,  the  name  of 
the  street,  the  street  or  map  number,  if  known,  the  amount  due 
on  each  lot,  and  date  of  confirmation,  to  be  published  in  the 
official  newspapers  of  said  city  twice  in  each  week  for  four  weeks, 
requiring  such  owner  or  owners  to  pay  the  same  to  the  Chamber- 
lain and  notifying  them  that  if  default  shall  be  made  in  such  pay- 
ment, together  with  the  charge  of  advertising  and  the  interest 
from  the  time  of  confirmation,  and  costs  accruing  thereon,  such 
houses  aJid  lots  of  ground,  franchises  and  other  real  estate,  with 
the  appurtenances,  will  be  sold  at  public  auction  at  a  day  and 
place  therein  to  be  named,  for  the  lowest  term  of  years  a;t  which 
any  person  shall  offer  to  take  the  same,  in  consideration  of  advanc- 
ing the  sum  charged  on  said  houses  and  lots  and  vacant  lots, 
franchises,  and  other  real  estaJte  for  the  apportionment  and 
assessment  aforesaid,  with  the  interests  thereon  and  costs;  and 
if,  notwithstanding  such  notice  and  demand,  the  owner  or  owners 
refuse  or  neglect  to  pay  such  apportionment,  assessment  and 
the  expense  aforesaid,  together  with  the  charge  of  advertising 
and  the  interest  as  aforesaid  and  costs,  then  it  shall  be  lawful  for 
the  said  city  of  Albany  to  cause  the  said  house  and  lot  or  vacant 
lot  or  franchise,  or  other  real  estate,  to  be  sold  at  public  auction 
for  a  term  of  years,  for  the  purpose  and  in  the  manner  expressed 
in  said  advertisement,  and  to  give  a  declaration  of  such  sale  to 
the  purchaser  thereof,  under  the  common  seal  of  the  said  city 
of  Albany;  and  said  purchaser,  his  executors,  administrators  and 
assigns  shall,  by  virtue  thereof  and  of  this  act,  lawfully  hold  and 
enjoy  the  same,  for  his  and  their  own  proper  use,  against  the 
owner  or  owners  thereof,  and  all  claiming  under  him  or  them, 
until  his  tenn  shall  be  completed  and  ended,  and  shall  be  at  lib- 
erty to  remove  all  the  buildings  and  materials  which  he  or  they 
shall  erect  or  place  thereon,  leaving  the  ground  in  sufficient  fence, 
and  with  tlie  street  or  streets  fronting  the  same  in  the  order 
required  by  the  regulations  of  the  city  of  Albany. 

(As  amended  by  chapter  242,  Laws  of  1887,  sec.  8.) 


Board  of  Contract  and  Apportionment.     125 

Act  not  to  affect  agreement  between  landlord  and  tenant. 

§  38.  Nothing  in  this  act  •contained  shall  affect  any  agreement 
between  any  landlord  and  tenant,  respecting  the  payment  of  any 
charges  or  apportionment  as  in  this  act  expressed;  but  they  shall 
be  answerable  to  each  other  in  the  same  manner  as  if  this  act 
had  never  passed;  and  if  any  money  so  charged  shall  be  paid  by 
any  person  when,  by  agreement  or  by  law,  the  same  ought  to 
have  been  borne  or  paid  by  some  other  person,  then  it  shall  be 
lawful  for  the  person  paying  the  same  to  sue  for  and  recover 
the  same,  with  interests  and  costs  of  suit,  in  any  court  having 
cognizance  thereof,  as  so  much  money  paid  for  the  use  of  the 
person  who  ought  to  bave  paid  the  same;  and  the  account  afore- 
said, with  proof  of  payment,  shall  be  conclusive  evidence  in  such 
suit. 

Sales  to  be  under  direction  of  Common  Council. — Costs  and 
charges. 
§  39.  All  sales  for  the  collection  of  any  assessment  or  appor- 
tionment shall  be  made  under  the  direction  of  the  Common  Coun- 
cil, by  the  Chamberlain,  who  is  hereby  authorized  to  take  such 
proceedings  to  effect  such  sale  for  tbe  collection  thereof,  such  sales 
to  be  at  public  auction.  The  city  of  Albany  shall  be  entitled  to 
receive  for  costs  and  charges  of  sale,  on  each  lot  advertised  to  be 
sold,  the  assessment  on  which  shall  be  paid  before  sale  three 
dollars,  and  four  dollars  for  each  lot  sold. 

Chamberlain  to  file  copy  of  resolutions,  etc.,  with  affidavits  of 
publication,  etc. — Evidence. 
§  40.  Within  'three  months  after  making  any  such  sale  for 
unpaid  assessments  it  shall  be  the  duty  of  the  Chamberlain  of 
said  city  to  file  in  the  office  of  the  Clerk  of  the  county  of  Albany 
a  copy  of  the  original  resolution  or  ordinance  of  the  Common 
Council,  or  other  act  or  proceeding,  authorizing  the  improvements 
for  which  such  assessments  were  imposed,  certified  by  the  Mayor 
under  the  city  seal,  and  a  like  certified  copy  of  the  resolution  of 
the  Board  of  Contract  and  Apportionment  confirming  the  assess- 
ment made  under  the  proceedings  had  under  said  law  or  ordi- 
nance, or  if  such  confirmation  be  made  by  the  court  or  judge, 
then  a  certified  copy  of  the  order  of  said  court  or  judge  confirming 
the  said  assessment,  with  the  affidavits  in  the  form  prescribed  by 
law' of  the  publication  of  the  notice  of  sale,  and  the  affidavits  of 
said  Chamberlain  or  his  deputy,  wbo  may  act  as  auctioneer  at 


126  Charter  of  the  City  of  Albany. 

said  sale,  attached  to  a  copy  of  the  notice  of  sale,  stating  the 
time  and  place  of  said  sale,  the  names  of  the  purchasers  of  the 
respective  lots,  the  amount  of  the  assessment  and  costs  for  which 
the  same  was  sold,  and  the  term  of  years  for  which  each  lot  was 
sold.  The  papers  so  filed,  or  a  certified  copy  of  them,  together 
with  the  declaration  of  sale,  or  if  said  papers  are  not  so  filed, 
then  the  said  declaration  of  sale,  executed  by  the  Mayor  to  said 
purchaser,  shall  be  presumptive  evidence  of  the  regularity  of  the 
said  sale  and  all  the  proceedings  prior  thereto,  and  of  the  pur- 
chaser's title  under  the  declaration  of  sale  for  the  term  of  years 
therein   mentioned. 

Redemption  from  sale. 

§  41.  Whenever  any  house  or  houses,  lot  or  lots,  or  other  real 
estate,  shall  be  sold  in  the  city  of  Albany  under  the  provisions  of 
either  of  the  several  sections  of  this  act  authorizing  the  sale  of 
property  in  said  city  to  collect  assessments,  the  owner  or  owners 
.  of  any  lot  or  lots,  or  other  real  estate  so  sold  as  aforesaid,  shall 
have  the  privilege  of  redeeming  such  lot  or  lots,  or  other  real 
estate  so  sold  as  aforesaid,  at  any  time  Avithin  two  years  from  the 
date  of  sale,  by  paying  to  the  purchaser  or  purchasers  thereof, 
or  to  the  Chamberlain  of  said  city  for  the  use  of  such  purchasers, 
the  consideration  money,  together  Avith  interest  thereon,  to  be 
computed  at  and  after  the  rate  of  tAvelve  per  centum  per  annum. 

Sales  not  to  affect  mortgage  liens. 

§  42.  No  sale  of  real  estate  hereafter  made  for  the  non-payment 
of  any  assessment  in  the  city  of  Albany  shall  destroy  or  in  any 
manner  affect  the  lien  of  any  mortgage  thereon  duly  recorded, 
except  as  hereinafter  provided. 

Purchaser  to  give  mortgagee  notice. 

§  43.  It  shall  be  the  duty  of  the  purchaser  at  such  sale  to  give 
the  mortgagee  a  Avritten  notice  of  such  sale,  requiring  him  to 
pay  the  amount  of  the  purchase-money,  with  interest  at  the  rate 
allowed  by  laAV  thereon,  Avithin  six  months  after  the  giving  of 
such  notice.     ; 

Mortgagee  after  payment  to  have  lien  for  amount  paid. 
:    §  44.  If  such  payment  shall  be  made  the  sale  shall  be  of  no 
further  effect,  and  the  mortgagee  shall  have  a  lien  on  the  prem- 
ises for  the  amount  paid,  Avith  the  interest  Avhich  may  thereafter 


Board  of  Go  is  tract  and  Apportionment.     127 

accrue  thereon,  at  the  rate  of  six  per  teutum  per  annum,  iu  like 
manner  as  if  the  same  had  been  included  in  his  mortgage. 

In  case  of  failure  to  pay  not  to  have  benefit  of  act. 

§  45.  In  case  the  mortgagee  shall  fail  to  make  such  payment 
within  the  time  so  limited,  he  shall  not  be  entitled  to  any  benefit 
of  section  forty-two  of  this  act. 

Term  "  mortgagee  "  defined. 

§  46.  The  term  "  mortgagee,"  as  used  in  this  act,  shall  be  con- 
strued to  include  assignees  whose  assignments  shall  be  duly 
recorded,  and  personal  representatives;  and  the  term  "purchaser" 
shall  be  construed  to  include  assignees,  and  heirs-at-law,  devisees 
and   personal   representatives,    as   the   case   may   be. 

Notice,  how  given. 

^  47.  The  notice  required  by  .section  forty-three  of  this  title  may 
be  given  either  personally  or  in  the  manner  required  by  laAV 
in  respect  to  notices  of  non-acceptance  or  non-payment  of  notes 
or  bills  of  exchange,  and  a  notarial  certificate  thereof  shall  be 
presumptive  evidence  of  the   fact. 

Mortgagor  presumed  to  reside  in  Albany. 

§  48.  The  mortgagor  shall  be  conclusively  presumed  to  reside 
in  the  city  of  Albany,  unless  his  place  of  residence  appears  in 
the  mortgage  or  assignment,  in  which  case  the  place  mentioned 
in  the  mortgage  or  assignment  shall  be  deemed  to  be  his  residence. 
The  certificate  mentioned  in  section  forty-seven  of  this  title  may 
be  recorded  in  the  Clerk's  office  of  the  county  of  Albany,  in  the 
same  manner  and  with  the  same  effect  as  is  by  law  prescribed 
in  respect  to  deeds  or  otlier  evidences  of  title  to  real  estate. 

Owners  to  be  given  notice. 

§  49.  In  all  cases  of  lands  hereafter  to  be  sold  for  arrears  of 
assessments  in  said  city  of  Albany,  and  in  cases  in  which  the 
time  to  redeem  from  sales  heretofore  made  has  not  expired,  it 
shall  be  the  duty  of  the  purchaser,  or  of  the  person  claiming 
under  him,  if  such  land  be  occupied,  to  give  the  owner  or  occu- 
pant the  notice  required  by  section  forty-three  of  this  title.  And 
such  owner  or  occupant  shall  have  the  privilege  of  paying  such 
assessment  within  six  months  after  such  notice. 


128  Charter  of  the  City  of  Albany. 

City  may  maintain  action  to  recover  assessment. 

§  50.  Whenever  auy  work  shall  be  done  or  materials  furnished 
pursuant  to  section  twenty-five  of  title  three  of  this  act,  in  addi- 
tion to  the  power  granted  hy  this  act  to  advertise  and  sell  the 
lot  or  franchise,  the  city  of  Albany  may  maintain  an  action  at 
law  against  the  owner  of  any  lot,  dock  or  franchise,  for  the 
recovery  of  any  assessment  or  apportionment  remaining  unpaid, 
made  upon  or  against  any  such  lot,  dock  or  franchise.  Provided, 
however,  that  no  such  action  at  law  shall  be  had  or  maintained 
against  any  such  owner  of  any  lot,  dock  or  franchise  for  tlie 
recovery  of  any  such  assessment  or  apportionment  remaining 
unpaid  in  any  case  where  a  petition  of  property  owners  is  required 
by  law  for  the  doing  of  the  work  or  the  making  of  the  improve- 
ment, unless  such  owner  was  a  petitioner  to  the  Common  Council 
for  the  performance  of  such  work  or  the  making  of  such  improve- 
ment. 

Owners  awarded  damages  to  prove  interest  in  premises  injured. 
§  51.  The  owner  or  owners  of  any  property  to  whom  shall  be 
awarded  any  sum  of  money  for  damages  sustained  in  consequence 
of  the  alteration  of  the  pitch  or  level  of  any  street  as  aforesaid, 
shall  prove  his,  her  or  their  interest  in  the  premises  so  injui'ed, 
and  on  the  production  of  a  certificate  to  the  satisfaction  of  the 
Chamberlain  of  said  city,  showing  the  extent  of  the  said  interest 
in  the  sum  awarded,  the  said  Chamberlain  shall  pay  such  sum  to 
such  person,  his,  her  or  their  attorney;  and  in  case  any  such  sum 
or  sums  shall  be  paid  through  mistake  to  any  person  or  persons 
not  legally  entitled  thereto,  it  shall  be  lawful  for  the  person  or 
persons  legally  entitled  thereto,  or  for  the  city  of  Albany,  to  sue 
and  recover  the  same,  with  interest  and  costs  of  suit,  from  the 
persons  who  shall  have  received  such  sum  or  sums,  in  an  action 
for  money  had  and  received  to  his  use. 

Reapportionment   of  assessments   upon  subdivided  portions   of 
land. 

§  52  After  any  assessment  or  reassessment  for  street  or  other 
improvements  has  been  duly  made  and  confirmed  as  required  by 
law  and  by  the  charter  or  ordinances  of  the  city  of  Albany,  the 
owner  or  owners  of  any  piece  or  parcel  of  land  affected  or  cov- 
ered by  any  such  assessment  who  shall  desire  to  subdivide  the 
said  land,  or  the  owner  or  owners  of  any  such  subdivided  part  or 
portion,  may  have  the  assessment  or  the  portion  or  total  amount 


Board  of  Co.xtract  and  Apportionment.     ]29 

of  the  installments  thereof  ustill  due  and  which  is  a  lien  thereon 
reapportioned  or  assessed  upon  such  sulxlivided  part  or  portion 
in  the  manner  hereinafter  provided.  But  no  reapportionment 
shall  be  made  under  this  and  the  following  section  unless  the  City 
Engineer  shall  approve  the  luap  mentioned  in  the  next  section. 
(As  amended  by  chapter  171,   Laws  of  1892,  sec.  10.) 

Map  to  be  m.ade. — Division  and  reassessment. — Release  of  liens. 
— Proviso. 
§  53.  The  owner  or  owners  of  any  such  land  shall  have  a  map  or 
survey  made  thereof,  to  be  approved  by  the  City  Engineer,  the 
original  of  which  map  shall  be  filed  and  retained  in  the  office 
of  said  Engineer;  and  shall  have  a  copy  of  said  map  filed  in  the 
office  of  the  Chamberlain  of  the  city  of  Albany.  And  upon  the 
request  of  any  such  owner  or  owners  in  writing,  and  upon  the 
certificate  of  said  Engineer  that  the  said  map  has  been  prepared 
and  filed  as  aforesaid,  the  Board  of  Contract  and  Apportionment 
shall  divide  and  reassess  such  portion  of  the  original  amount 
assessed  upon  any  larger  lot  and  parcel  of  land  as  yet  remains  due 
and  still  a  lien  upon  such  larger  lot  and  parcel  of  land,  and  reap- 
portion and  reassess  the  same  upon  such  subdivided  parts  or 
portions  in  the  same  manner  in  which  the  original  assessment  was 
made,  together  with  the  proportionate  amount  of  legal  interest 
and  costs  that  have  accrued  on  the  original  sum  assessed  since  the 
same  became  due  and  payable,  and  when  such  reassessments 
have  been  confirmed  by  said  Board  of  Contract  and  Apportion- 
ment, such  amounts  as  may  be  so  reapportioned,  together  with  the 
proportion  of  the  interest  and  costs  hereinbefore  provided,  shall  be 
received  by  the  Chamberlain  of  said  qWj  in  payment  for  and 
operate  as  a  release  of  the  lien  created  by  the  original  assessment 
so  far  as  such  lien  may  apply  to  such  smaller  or  subdivision  lot. 
No  such  reassessment  shall  be  made,  after  any  such  land  shall 
have  been  advertised  for  sale  or  sold  by  the  Chamberlain  of  said 
city,  upon  the  failure  of  any  owner  or  owners  to  pay  the  appor- 
tionment or  assessment  or  any  installment  or  installments  thereof 
which  have  theretofore  become  due  and  payable. 

(As  amended  by  chapter  171,  Laws  of  1892,  sec.  11.) 

When  there  is  no  purchaser  property  to  be  hid  in  for  city. 

§  54.  After  any  house  or  lot.  parcel  of  land  or  franchise  shall 
have  been  advertised  to  satisfy  any  apportionment  or  assessment 

9 


130  Charter  of  the  City  of  Albany. 

made  pursuant  to  the  provisions  of  law,  and  there  shall  be  no 
purchaser  at  such  sale,  such  houses  and  lots,  parcel  of  land  or 
franchise,  shall  be  purchased  for  the  city  by  the  Chamberlain 
at  the  close  of  the  sale;  and  thereupon  the  city  shall  receive,  in 
its  corporate  name,  a  certificate  and  declaration  of  sale  therefor, 
in  the  same  manner  as  individual  purchasers,  andl  shall  be  vested 
w^ith  the  same  rights  as  other  purchasers,  and  such  certificate  or 
declaration  of  sale  shall  be  prima  facie  evidence  of  the  regularity 
of  all  the  proceedings  prior  thereto.  The  Chamberlain  is  author- 
ized to  credit  such  assessments  and  apportionments  with  the 
purchase  of  the  houses  and  lots,  or  the  franchises  therein  named. 
In  case  the  city  becomes  the  purchaser,  as  herein  provided,  it  is 
authorized  to  sell  the  property  so  purchased,  and  assign  to  the 
purchaser  the  certificate  or  declaration  of  sale,  or  convey  such 
property  and  rights  by  quit-claim  deed;  provided,  however,  that 
no  such  sale  or  assignment  shall  be  made  except  upon  payment 
to  the  Chamberlain  of  the  amount  charged  against  such  property 
at  the  assessment  sale,  together  with  the  interest  thereon  from 
the  date  of  sale.  But  the  Common  Council  may,  upon  the  written 
recommendation  of  the  Chamberlain,  direct  that  a  sale  may  be 
made  at  a  less  sum.  The  amount  of  apportionments  and  assess- 
ments, with  the  interest  thereon  thus  credited,  as  above  provided 
for,  on  the  purchase  by  the  city,  shall  be  levied  and  collected 
in  the  next  annual  tax  budget. 

When  property  purchased  by  city  to  be  sold. 

§  55.  All  property  purchased  by  the  city  as  aforesaid,  which 
shall  remain  in  the  possession  of  the  city  for  a  period  of  five 
years,  shall,  within  two  month  after  the  expiration  of  said  five 
years  and  after  a  notice  shall  have  been  published  in  the  official 
papers  for  thirty  days,  be  sold  by  the  Chamberlain,  at  the  main 
entrance  of  the  City  Hall,  at  public  auction,  to  the  highest  bidder 
or  bidders  therefor. 

Issue  of  certificates  of  indebtedness  to  contractors. — Amount, 
how  ascertained  and  determined. — What  work  to  be  meas- 
ured and  computed. 

§  56.  After  any  contract  for  any  of  the  woi'k  or  improvements 
specified  in  this  title,  the  expense  of  Avhich  is  to  be  assessed  or 
apportioned  upon  the  property  benefited  thereby,  shall  have  been 
heretofore  or  shall  hereafter  be  awai'ded  by  the  Board  of  Contract 


Board  of  (Jontraot  and  Apportionment.     131 

and  Apportioumout,  and  during  the  progress  of  said  work,  and 
before  the  same  shall  be  fully  completed  or  the  assessments 
therefor  collected,  it  shall  be  lawful  for,  and  be  the  duty  of  the 
Board  of  Contract  and  Apportionment,  upon  the  written  request 
of  the  contractor,  for  such  work  theretofore  filed  with  the  City 
Engineer,  who  shall  present  the  same  to  the  said  board  at  its 
first  monthly  meeting  subsequent  to  such  filing,  to  prepare  and 
issue  to  him,  from  time  to  time,  certificates  of  indebtedness  to 
the  amount  of  sixty-six  per  centmn  of  the  work  actually  done  and 
performed  upon  said  work,  at  the  time  of  issuing  said  certifi- 
cates, which  amount  shall  be  ascertained  and  determined  by  the 
City  Engineer,  who  shall  carefully  measure  and  compute 
the  same  upon  the  request  of  the  contractor,  and  shall 
certify  the  same  in  writing  to  said  board;  said  certifi- 
cate shall  be  signed  by  the  City  Engineer,  who  shall 
state  in  detail  the  number  of  units  of  labor  and  materials  com- 
pleted and  furnislied  and  the  contract  price  for  each 
unit  as  defined  and  specified  in  the  contract  there- 
for and  the  aggregate  price  thereof.  Provided,  however, 
that  when  the  contractor,  although  the  lowest  bidder  in 
the  gross  calculation,  is  to  receive  unusual  or  extrao  "di- 
nary  pi-ices  for  the  different  itoms  of  work  when  con- 
sidered separately,  the  City  Engineer  may  determine  the  amount 
of  said  certificate  not  necessarily  by  the  rates  agreed  upon  in  the 
contract,  but  by  making  an  estimate  of  the  work  done,  taking  as 
a  basis  of  the  calculation  the  whole  amount  of  the  money  that 
will  have  become  due,  according  to  the  terms  of  the  contract, 
when  the  whole  work  shall  have  been  completed.  The  Street 
Commissioner  and  the  Inspector,  if  any  be  employed,  shall  also 
sign  such  certificate  and  shall  certify  that  the  work  has  been 
done  in  accordance  with  the  contract  and  specifications  therefor. 
The  work  to  be  so  measured  and  computed  shall  be  only  such 
portion  of  the  work  contracted  to  be  done  as  in  all  its  parts  shall 
have  been  completed  as  far  as  the  nature  of  said  work  will  per- 
mit and  as  shall  require  no  further  action  upon  it  by  the  con- 
tractor, except  where  such  further  action  shall  not  be  considered 
essential  to  such  completion,  due  deductions  and  allowance  of  the 
cost  of  fully  completing  the  work  certified  being  made  and  speci- 
fied •  in  the   certificate. 

(Added   by   chapter  77,   Laws   of  1886,   and   amended  by   chapter 
256.  Laws  of  1886,  and  by  chapter  286.  Laws  of  1S91,  sec.  27.) 


132  Charter  of  the  City  of  Albany. 

Certificates,  how  issued. — rorm  of  certificates. 

§  57.  Such  certificates  of  indebtedness  shall  only  be  issued  at  a 
regular  meeting  of  said  Board  of  Contract  and  Apportionment 
and  shall  be  in  the  following  form,  namely: 

No.  "Certificate  op  Indebtedness." 

City  of  Albany.     Board  of  Contract  and  Apportionment. 

(Insert  date.)  This  is  to  certify  that  the  city  of  Albany  is 
indebted  to  (insert  name  of  contractor)  in  the  sum  of  (insert 
amount)  dollars,  on  account  of  ■contract  entered  into  between 
him  and  the  city  of  Albany,  dated  (insert  time)  for  (insert  a  brief 
description  of  work),  which  sum  the  city  of  Albany  will  pay  to  the 
holder  of  this  certificate  on  the  (insert  date).  This  certificate  is 
issued  pursuant  to  chapter  (insert  number)  of  the  Laws  of  (insert 
year),  and  the  faith  and  «redit  of  the  city  of  Alba^iy  is  pledged  to 
the  payment  thereof. 

In  \Aitness  whereof,  the    Mayor  of  the    City  of  Albany    has 
hereunto  set  his  hand  the  day  and  year  first  above  written. 

(Signature.) 

Mayor  of  the  City  of  Albany. 

In  presence  of 

(Signature.) 

Clerk  of  the  Board  of  Contract  and  Apportionment. 
Registered  in  my  office  and  countersigned  (insert  date). 

(Signature.) 

Chamberlain. 

(Added   by   chapter  77,    Laws  of   18S6,    and   amended  by   chapter 
256.    Laws    of   1886.) 

Registry  of  certificates. — Duty  of  Clerk. 

§5S.  Such  certificate  shall  be  taken  from  a  bound  book  to  be 
prepared  and  kept  in  the  office  of  said  board,  and  when  so  taken  it 
shall  l)e  the  duty  of  the  clerk  of  said  board  to  enter  upon  the  stubs 
therein  the  number,  date,  amount,  name  of  person  to  whom  and 
on  account  of  Avhat  work  issued,  giving  the  date  of  the  contract 
therefor;  and  a  similar  minute  shall  bo  entered  by  said  clerk  upon 
the  minutes  of  the  meeting  when  said  certificate  is  issued. 

(Added  by   chapter  77,    Laws   of   1886,    and    amended   by    chapter 
256,   Laws  of  1886.) 


BOAUD    OF  Coy  TRACT  AND    APPVIITIONMENT.       183 

Certificates,  how  signed  and  attested. — Duty  of  Chamberlain.— 
When  payable. 
§  59.  Such  certiflcate  shall  be  signed  by  the  Mayor  and  attested 
by  the  clerk  of  said  board,  who  shall  present  the  same  to  the 
Chamberlain,  who  shall  enter  the  particulars  thereof  in  a  book  to 
be  provided  for  that  puiiiose  and  kept  in  his  office,  and  in  addition 
the  said  Chamberlain  shall  keep  a  ledger  account  thereof  and 
charge  the  same  against  the  contractor.  Said  Chamberlain  shall  then 
countersign  the  said  certificate  across  the  face  thereof  to  the  effect 
that  it  is  registered  in  his  office.  Said  certificates,  when  so 
executed  and  countersigned,  shall  be  conclusive  evidence  of  the 
indebtedness  of  said  City  of  Albany  to  the  amount  and  as  therein 
stated,  in  favor  of  the  holder  thereof  in  good  faith,  to  whom  the 
same  shall  be  transferred  before  the  maturity  tliereof,  and  no 
offsets,  counter-claims  or  defenses  shall  be  allowed  thereto.  Such 
certificates  shall  be  made  payable  at  such  time  after  their  issue  as 
in  the  judgment  of  said  board  will  be  sufficient  for  the  e::ecution 
of  the  work  and  the  levying  and  collection  of  the  assess, iiont 
therefor,  or  the  receipt  of  the  money  by  the  Chamberlain  applic:ible 
to  the  payment  thereof,  not  exceeding,  however,  one  year  from  the 
issue  thereof. 

(Added   by   chapter   77,    Laws    of   1886,    and  amended   by   chapter 
256,   Laws  of  1886.) 

Final  certificates,  when  to  issue. — Proviso. 

§  t;u.  'I'hirty  days  after  the  confirmation  of  assessment  for  any 
work,  it  shall  be  lawful  for  and  the  duty  of  said  board,  upon  the 
re(iuest  of  the  contractor,  to  issue  to  him  a  final  certificate  of 
indebtedness  in  the  form  and  to  the  effect  herein  provided,  for  the 
entire  amount  then  due  him  by  virtue  of  his  contract,  deduct- 
ing therefrom  the  amount  of  any  advances  or  liens  upon  or  on 
account  of  said  work,  and  the  amount  ordered  by  the  Street  Com- 
missioner to  be  retained  for  the  keeping  in  repair  of  said  work. 
But  such  final  certificate  shall  not  be  issued  when  any  proceeding 
instituted  by  virtue  of  title  eleven  of  this  act  is  pending. 

(Added   by   chapter  77,    Laws   of   1886,    and  amended   by  chapter 
256,   Laws  of  1886.) 

New  certificates  in  certain  cases.— To  be  exchanged  for  matur- 

•ing  certificates. — Notice  of  payment  thereof. 

§()!.  If  tlie  Chamberlain  has  reason  tu  believe  that  the  assessment 

for  the  work  for  wliich  any  certificates  shall  have, been  issued,  as 

hereinbefore  provided,   will  not  1)0  collected   before  the  maturity 


J 34  Charter  of  tbe  City  of  Albany. 

thereof,  he  shall  so  report  to  said  board,  who  shall  thereupon  direct 
the  issuing  of  a  new  certificate  to  take  up  or  replace  the  certificate 
so  maturing,  which  new  certificate  shall  be  issued  in  the  same 
form  and  with  the  like  effect  as  hereinbefore  provided,  except  that 
it  shall  bear  interest  at  such  rate  as  the  board  may  direct;  such 
new  certificate  shall  be  exchanged  for  the  certificate  so  maturing, 
or  may  be  sold  by  the  Chamberlain  and  the  proceeds  used  by  him 
for  the  payment  of  the  certificate  so  maturing.  Such  new  certifi- 
cates shall  be  made  payable  at  such  time  as  said  board  may 
direct,  not  later,  howevei",  than  one  year  from*  the  first  day  of 
January  next  ensuing  after  the  issuing  thereof,  provided  that  it 
shall  be  the  duty  of  the  Chamberlain  upon  the  receipt  of  sufficient 
moneys  applicable  to  the  payment  thereof,  to  give  five  days'  notice 
thereof  to  the  holders  of  such  certificates,  at  the  expiration  of 
which  time,  interest  upon  such  certificates  shall  cease  to  run. 
Such  notice  shall  be  given  by  two  consecutive  publications  in  the 
•official  newspapers,  and  in  case  the  holders  thereof  shall  have 
deposited  with  the  Cliamberlain  a  written  notice  containing  his 
name  and  address,  by  mailing  a  like  notice  post-paid  to  such  name 
and  address. 

(Added   by   chapter  77,    Laws   of   1886,    and  amended   by   chapter 
256,   Laws  of  1886.) 

Provisions  in  case  of  filing  of  liens,  assignments,  etc. 

§  02.  No  such  certificates  shall  be  issued  when  any  lien,  order, 
draft  or  assignment  of  or  upon  said  work,  or  the  moneys  to  grow 
due  thereon,  shall  have  been  filed  with  the  city  or  any  officer  or 
board  thereof,  for  a  greater  sum  than  the  excess  for  which  such 
certificates  vaaj  be  issued  as  hereinbefore  provided  over  the 
amount  of  such  liens,  orders,  drafts  or  assignments.  But  such 
certificates  whi-n  issued  as  hereinbefore  provided,  shall  not  be 
affected  or  impaired  by  reason  of  the  subsequent  filing  of  any  such 
liens,  orders,  drafts  or  assignments,  and  such  certificates  shall  have 
priority  and  preference  in  payment  over  any  any  such  lien,  any- 
thing in  the  laws  providing  for  the  filing  of  such  liens,  or  in  the 
general  statutes  of  the  State  to  the  contrary  notwithstanding. 

(Added   by   chapter  77,   Laws   of   18SG,    and  amended   by   chapter 
2r.6,   Laws  of  1886.) 

Bight  of  taxpayers  to  hearing  in  certain  cases. — Notice  to  be 
served    on   taxpayers   by   Clerk. — Hearing. — ^Rights    of   tax- 
payers after  decision. 
§  {^.^.  In  case  any  taxpayer  or  any  owner  of  property  liable  to  be 

assessed  for  the  work  embraced  in  the  contract  shall  file  with  the 


^OARD  OF  Contract  and  Apportionment.    135 

Board  of  Contract  aud  Apportioument  the  affidavit  meutioued  in 
title  eleveu  of  chapter  two  hundred  and  ninety-eight  of  the  liaws 
of  eighteen  hundred  and  eighty-three,  no  certificate  except  a 
certificate  to  replace  one  about  to  mature  as  hereinbefore  provided 
shall  be  thereafter  issued  until  a  written  notice  of  not  less  than 
two  days  shall  have  been  given  to  such  taxpayer  or  owner  of  a 
hearing  before  the  Board  of  Contract  and  Apportionment.  Said 
notice  shall  be  prepared  and  served  by  or  under  the  direction  of 
the  clerk  of  said  board,  and  shall  be  served  personally  upon  such 
taxpayer  or  owner  if  he  can  be  found  within  said  c-ity,  or  in  case 
he  cannot  be  found  therein,  shall  be  left  with  some  person  of 
suitable  age  and  discretion  at  an  address  in  said  city  stated  in  or 
indorsed  upon  said  affidavit.  If  no  address  be  so  stated  or 
indorsed  no  notice  need  be  given  if  such  taxpayer  or  owner  cannot 
be  found  within  said  city.  If  upon  such  hearing  it  shall  appear 
that  any  defects  in  the  work  or  material,  or  any  failure  to  observe 
the  provisions  and  requirements  of  the  contract  in  respect  thereto 
specified  in  such  affidavit  exist,  no  certificate  shall  be  issued  until 
after  such  defect  or  failure  shall  be  cured  and  a  second  like  not-ce 
thereof  and  a  hearing  shall  have  been  given  to  the  taxpayer  or 
owner  in  respect  thereto.  If  upon  any  hearing  the  said  Board  of 
Contract  and  Apportionment  shall  decide  against  such  taxpayer 
or  owner,  no  certificate  shall  be  issued  until  six  days  shall  elapse 
from  the  time  that  a  written  notice  of  such  decision  shall  have 
been  served  upon  such  taxpayer  or  owner  in  like  manner  as  the 
first  notice  above  specified.  At  any  time  after  such  decision  such 
taxpayer  or  owner  may  take  the  same  proceedings  and  obtain  the 
same  relief  provided  for  in  said  title  eleven,  as  if  an  assessment 
for  the  entire  wox'k  provided  to  be  done  under  such  contract  ha<1 
been  confirmed  by  the  Board  of  Contract  and  Apportionment,  and 
the  court  is  authorized  in  such  proceedings  to  stay  the  payment  to 
the  contractor  of  any  money,  and  the  issuing  to  him  of  any  siich 
certificate  under  his  contract,  for  work  done  or  materials  furnished 
thereunder.  The  failure  of  any  taxpayer  or  owner  to  apply  to  the* 
court  for  relief  against  any  decision  of  the  Board  of  Contract  am: 
Apportionment  in  this  section  above  specified  shall  not  prejudice 
or  affect  any  proceeding  thereafter  taken  by  such  or  any  othei- 
taxpayer  or  owner  because  of  any  part  or  the  whole  of  the  work 
under  the  contract  not  having  been  done,  or  having  been 
improperly  done. 

(Added   by   chapter  77,   Laws   of   1886,    and   amended   by   chapter 
256.  Laws  of  1886.) 


136  Charter  of  the  City  of  Albany. 

Liability  of  city  in  case  of  failure  of  contract. 

§  64.  In  case  of  the  failure  of  the  contractor  to  perform  his  con- 
tract, the  liability  of  the  city  on  any  such  certificates  shall,  not- 
withstanding, be  included  in  the  cost  and  expense  of  completins 
the  same,  and  be  assessed  and  apportioned  upon  the  property 
benefited  as  provided  in  section  twenty-nine  of  this  title. 

(Added   by   chapter  77,   Laws   of   1886,    and   amended   by   chapter 
256,   Laws   of  1886.) 

Payment  of  cei-tificates  by  Chamberlain. 

§  65.  The  Chamberlain  shall  pay  such  certificates  on  presentation 
thereof,  out  of  any  moneys  collected  by  him  from  assessments  foi- 
the  work  on  account  of  which  they  were  issued,  or  from  any  funds 
in  his  hands  provided  to  pay  for  such  Avork. 

(Added   by   chapter  77,    Laws   of   1886,    and   amended    by   chapter 
256,   Laws  of   1886.) 

§  66.  [Added  by  chap.  242,  Laws  1887,  §  9,  aud  repealed  by  chap. 
171,  Laws  1892,  §  19.]  ; 

TITLE    X. 

Repairs. 

Street  commissioner  to  cause  plank  walks,  etc.,  to  be  repaired. — 
Proviso  as  to  notice  in  cases  where  same  is  chargeable  to 
owners  or  occupants. — Service  of  notice. — Proviso  as  to  emer- 
gency cases. 
Section  1.  The  Street  Commissioner  shall,  if  any  of  the  plank- 
walks,  docks,  sidewalks  (including  resetting  curb),  cross-walks  and 
carriage-way  in  any  of  the  paved,  macadamized,  earth  or  plank 
streets  in  the  said  city  require  repairing  or  relaying,  cause  \\w 
same  to  be  repaired  or  relaid  as  may  be  necessary;  provided  that 
when  the  expense  of  repairing  and  keeping  in  repair  such  plank- 
walks,  docks,  sidewalks,  cross-walks  or  carriage-ways  shall  be 
properly  chargeable  to  and  liable  to  be  assessed  upon  the  dock  or 
docks,  house  or  houses,  lot  or  lots  benefited  thereby,  or  in  front  or 
rear  of  which  such  repairs  are  required  to  be  made,  the  owncn-  or 
owners,  agents  or  occupants,  or  p(>rson  in  possession  shall  have 
not  less  than  ten  days,  after  tlu;  service  of  a  written  notice,  in 
which  to  commence  and  complete  his  or  their  said  work,  and  such 
further  time  as  the  Street  Commissioner  shall  direct.  When  said 
notice  is  not  served  upon  the  owner  or  agent  personally,  a  written 
or  printed   copy  thereof  shall  be   deposited   in  the  Albany  post- 


Repairs.  187 

office,  inclosed  in  a  post-paid  envelope  directed  to  such  owner  or 
agent  or  occupant,  and  if  such  house  or  lot  be  vacant,  and  the 
owner  or  agent  is  unknown,  then  a  notice  requiring  such  repairs 
to  be  made  within  the  time  designated  shall  be  posted  upon  such 
vacant  house  or  lot,  in  some  conspicuous  place;  and  a  record  of 
the  time  and  manner  of  seiwice,  and  upon  whom  made,  shall  be 
certified  by  the  Street  Commissioner  or  officer  serving  the  same, 
and  kept  in  the  street  department  for  public  inspection;  and  which 
i-ecord,  or  a  copy  thereof,  when  so  certified,  shall  be  presumptive 
evidence  of  the  regularity  of  such  service.  After  the  expiration 
of  ten  days  from  such  personal  notice,  or  from  the  first  posting, 
such  repairs,  if  not  then  completed,  shall  be  done  by  the  Street 
Commissioner,  as  hereinafter  provided.  Provided  that  in  extraor- 
dinary cases  and  in  cases  of  emergeucy,  when  the  condition  of  any 
such  dock  or  docks,  paved,  macadamized  or  plank  streets,  or 
flagged  or  planked  walks,  or  any  portion  thereof,  shall  become 
dangerous  for  travel,  such  Commissioner  shall,  upon  the  written 
instructions  of  the  Mayor,  after  such  Commissioner  has  reported 
his  opinion  thereon  in  writing  to  the  Mayor,  proceed  at  on-ce  to 
make  the  necessary  repairs.  In  such  cases,  it  shall  be  the  duty 
of  the  Board  of  Contract  and  Apportionment  to  deteiTuine  what 
portion,  if  any,  of  the  expense  thereof  ought  to  be  paid  from  the 
public  treasury,  and  what  portion,  if  any,  ought  to  be  paid  by  a 
local  assessment.  In  the  former  case,  the  amount  shall  be  paid  on 
a  certificate  of  such  board,  and  in  the  latter,  such  board  shall 
make  the  assessment  and  apportion  as  hereinbefore  provided. 

Provisions  as  to  assessments,  etc.,  to  work  done  under  this  title. 
— Proviso  as  to  notice. 
§  2.  All  the  provisions  of  this  act  relating  to  assessments  and 
apportionments,  and  the  collections  of  the  same,  shall  apply  to  the 
work  contemplated  and  directed  to  be  done  by  the  preceding  sec- 
tion of  this  act,  and  the  apportionment  for  the  expense  thereof 
shall  be  made  by  the  B(iard  of  Contract  and  Apportionment;  pro- 
vided, however,  that  no  notice  of  the  assessment  aud  appoition- 
ment  of  the  expense  of  work  done  und^r  the  provisions  of  the  last 
section  need  be  published  in  the  city  newspapers,  but  a  notice  of 
ten  days  specifying  the  amount  of  the  pi'oposed  assessment  shall 
be  given  to  the  owner  or  agent  in  the  inanncr  prescribed  in  the 
last  section,  before  the  Board  of  Contract  and  Apportionment  shall 
finally  adopt  such  assessment  and  apportionment.  A  certificate  of 
its  service,  attached  to  such  notice  by  the  Street  Commissioner  or 


138  Charter  of  the  City  of  Albany. 

officer  serving  the  same,  shall  be  presumptive  evidence  of  its  due 
service. 

New  apportionments  and  assessments. — Certain  improvements 
and  repairs  a  city  charge. — ^Tax  for  expense  thereof. — Pay- 
ment of  expenses. — Keeping  pavements  in  repair,  etc., 
requirements  in  contracts  for. — Proviso. 
§  3.  In  case  any  apportionment  or  assessment  heretofore  or 
hereafter  made  for  the  work  described  in  the  preceding  section  or 
made  for  any  work  done  under  any  law  or  ordinance  duly  passed 
by  the  Common  Council,  shall  have  been  or  shall  be  set  aside  by 
any  court  of  this  State,  having  competent  jurisdiction,  or  shall  fail 
or  shall  have  failed  from  any  irregularity  in  making  or  confirming 
such  apportionment  or  assessment,  it  shall  be  lawful  for  and  be  the 
duty  of  the  Board  of  Contract  and  Apportionment  forthwith  to 
cause  a  new  apportionment  and  assessment,  including  the  interest 
■and  expenses  on  the  former  apportionment  or  assessment,  to  be 
levied  and  collected;  and  such  new  apportionment  and  assessment 
shall  have  the  same  force  and  effect  as  though  no  former  appor- 
tionment or  assessment  had  been  made.  Provided,  that  all  bridges 
constructed  on  the  line  of  any  street  or  avenue,  or  culverts  con- 
structed over  any  stream  or  run  of  water  across  any  street  or 
avenue,  and  the  maintaining  and  repairing  the  same  within  the 
street  limits;  also  ordinary  repairing  the  carriage-way  at  the  inter- 
section of  all  paved  streets  and  the  carriage-way  of  all  streets  now 
paved  or  that  may  be  hereafter  paved  with  granite  blocks  or  other 
kind  of  square  stone  or  vitrified  brick  pavement,  or  with  Trinidad 
sheet  asphalt,  and  the  repairing  of  the  carriage-way  of  any 
unpaved  earth,  planked  or  macadamized  streets  and  cross-walks 
thereof,  except  as  otherwise  especially  provided  by  law,  or  where, 
by  law,  the  expense  thereof  is  to  be  paid  by  some  other  corporation 
or  individual,  shall  be  charged  upon  the  said  city;  and  the 
amount  of  money  required  to  defray  the  expense  thereof,  which 
(except  in  the  case  of  the  bridges  and  culverts)  shall  not  exceed 
five  thousand  dollars  in  any  municipal  year,  shall  be  raised  by  tax 
in  the  same  manner  as  other  city  taxes  are  levied  and  •collected; 
and  the  Chamberlain  is  authorized  and  directed  to  pay  the  charges 
and  expenses  thei-eof  on  the  certificate  of  the  street  commission 
after  the  same  shall  have  been  audited  by  the  Board  of  Contract 
and  Apportionment.  If  any  street  shall  bo  paved,  or  repaved  with 
other  material  than  granite  blocks,  the  Board  of  Contract  and 
Apportionment  shall  provide  in  the  specifications  therefor  that  the 


Repairs.  139 

contractor  shall  guarantee  the  pavement  and  shall  agree  to  keep  it 
in  repair  for  a  period  to  be  specified,  such  period  to  be  not  less 
than  five  years,  as  a  part  of  the  cost  of  the  work,  and  said  board 
is  hereby  authorized  to  make  and  enter  into  such  contracts.  And 
nothing  in  this  section  contained  shall  be  so  construed  as  to  prevent 
the  city  of  Albany  or  its  said  Board  of  Contract  and  Apportion- 
ment from  levying  an  assessment  to  defray  the  expense  of  any 
such  work,  or  collecting  the  same  from  the  owners  of  property  so 
assessed,  because  of  the  foregoing  requirement  forming  part  of 
any  such  contract  or  contracts. 

(As  amended  by  chapter  198,  Laws  of  1892,  sec.  1,  and  by  chap- 
ter 631,  Laws  of  1894,   sec.  1.) 

After  thirty  days  Chamberlain  may  temporarily  borrow  from 
funds  named  to  pay  for  repairs. 
§  4.  Thirty  days  after  the  confirmation  of  any  apportionment  for 
repairs  done  under  and  pursuant  to  this  act,  but  not  before,  the 
Chamberlain  is  authorized  and  directed  to  temiwrarily  borrow  from 
the  above-named  fund,  or  from  the  fund  known  as  contingent,  or 
street  contingents,  and  to  pay  the  parties  entitled  thereto  for  the 
repairs  so  done,  and  for  which  any  apportionment  and  assessment 
had  been  made  and  confirmed,  and  to  refund  the  same  from  collec- 
tions made  from  said  apportionments;  provided,  however,  that  the 
entire  sum  so  borrowed  for  that  purpose  in  any  one  year  shall  not 
exceed  five  thousand  dollars. 

Carriage-way  may  be  repaved  with  granite  blocks. 

§  5.  In  making  repairs  to  the  carriage-way,  it  shall  be  lawful  for 
the  owner  to  repair  or  repave  the  <.'arriage-way  in  front  of  his 
premises  with  granite  block,  instead  of  the  material  composing  the 
pavement  which  requires  repair;  such  repavement  to  be  done,  how- 
ever, under  the  supervision  and  direction  of  the  street  commis- 
sioner. ] 

Deposit  before  making  sewer  connections. — Repairs  to  be  made 
without  delay. — Return  of  deposit. 
§  6.  If  any  person  shall  desire  to  open  the  carriagt-way  of  any 
street  between  the  curb  lines  for  the  puipose  of  making  sewer,  gas 
or  water  connections,  and  said  carriage-way  shall  be  paved  with 
any  pavement  other  than  cobble-stones,  the  person  desiring  to 
make  such  opening  must  first  deposit  with  the  Street  Commissioner 
such  sum,  not  less  than  ten  dollars,  as  the  said  Street  Commis- 


140  Charter  of  the  City  of  A  lb  ant. 

sioner  shall  estimate  the  cost  of  repairs  of  the  pavement  broken 
for  the  aforesaid  water,  sewer  or  gas  connections  to  amount  to.  Any 
penson  making  street  openings  in  anystreetpavemeut  except  cobble- 
stones, without  first  having  paid  to  the  Street  Commissioner  the  sum 
above  mentioned  as  estimated  by  him,  shall  be  deemed  guilty  of 
a  misdemeanor.  The  trench  openings  made  for  the  aforesaid  con- 
nections shall  be  filled,  and  the  pavement  over  the  same  restored, 
by  the  person  to  whom  the  permit  shall  be  granted  without  unnec- 
essary delay.  The  repairs  so  made  shall  be  examined  by  the 
Street  Commissioner  at  the  expiration  of  three  months  from  the 
time  of  the  making  of  said  opening  or  openings,  and  if  found  to  be 
improperly  made  or  that  the  pavement  has  sunk  below  the  level 
of  the  adjoining  sound  pavement  he  shall  proceed  to  repair  the 
same  and  charge  the  cost  thereof  against  the  sum  so  deposited  and 
return  the  surplus,  if  any,  to  the  depositor.  If  the  cost  of  making 
said  ri'pairs  exceed  the  sum  deposited,  the  excess  shall  be  collected 
from  the  person  to  whom  tlie  permit  is  granted.  And  the  said 
Street  Commissioner  is  hereby  authorized  to  bring  an  action  at  law 
for  the  recovery  of  the  same  in  any  court  of  competent  jurisdiction 
in  case  the  person  making  such  opening  shall  refuse  to  pay  such 
excess.  Should  no  repairs  be  required  at  the  end  of  the  aforesaid 
three  months,  the  whole  of  said  deposit  shall  be  returned  to  thb 
depositor. 

(Added  by   chapter  286,   Laws   of  1891,    sec.    28,   and   amended   by 
chapter  171,   Laws  of  1892,    sec.   12.) 

TITLE    XI. 
ReducinCx  and  Vacating  Assessments. 
Assessment  not  to  be  vacated  by  reason  of  failure  of  contractor, 
but  taxpayer  or  owner  must  make   affidavit,   etc. — Cases  in 
which  court  must  reduce  assessment. — Contractor  and  sure- 
ties to  be  made  parties. 
Section  1.    No  assessment  that  may  hereafter  be  levied  shall  be 
void  or  shall  be  vacated  by  any  court  because  of  a  failure  on  the 
part  of  the  contractor  to  comply  in  the  execution  of  the  work  with 
all  the  requirements  of  law  or  the  contract  in  respect   thereto. 
Provided  that  if  any  taxpayer  or  any  owner  of  property  liable  to 
be  assessed  therefor  shall  make  an  affidavit  during  the  progress  of 
any  work  to  the  effect  that  such  work  is  not  done  or  being  done 
according  to  law  or  the  contract,  specifying  in  what  respects  it 
does  not  comply  therewith,  and  shall  file  such  affidavit  with  the 


Reducing  and  Vacating  Assessments.         141 

Clerk  of  the  Board  of  Contract  and  Apportionment  and  deliver  a 
copy  thereof  to  the  contractor,  his  agent  or  either  of  the  suretlea 
on  his  bond,  and  shall,  within  twenty  days  after  the  confirmation 
of  the  assessment,  take  the  proceedings  mentioned  in  the  next  sec- 
tion, the  court  may  stay  the  payment  to  the  contractor 
of  any  money  under  such  assessment;  and  if  it  shall 
appear  on  the  hearing  in  such  proceeding  tliat  the  defects 
stated  in  such  affidavit  exist,  the  court  shall  order  that 
the  amount  assessed  shall  not  be  paid  to  the  contractor  and  shall 
Dot  be  enforced  by  the  fity  imtil  such  work  shall  be  done  m 
accordance  with  law  and  the  contract  therefor,  and  no  interest 
shall  be  charged  upon  the  assessment  during  the  time  that  the 
payment  thereof  shall  be  stayed,  provided  that  the  court  shall 
finally  decide  that  the  defects  charged  existed  and  Avere  of  a  sub- 
stantial nature.  Whenever  it  shall  in  any  way  appear  to  the  court 
that  manifest  injustice  or  damage  has  been  done  to  the  city  or 
any  person  or  propei-ty  assessed  by  reason  of  a  failure  to  comply 
with  the  •contract  relating  to  any  work,  the  coiu-t  may,  if  it  be 
before  sale  and  before  the  contractor  shall  have  been  paid  the  sum 
provided  by  his  contract  to  be  paid  to  him.  reduce  the  amount  of 
the  assessment  or  allowance  in  such  amount  as  will  enable  the 
owner  or  the  city,  as  the  case  may  be,  to  have  the  work  done  in 
accordance  with  the  contract,  and  if  after  sale  or  after  the  con- 
tractor shall  have  been  paid,  the  court  shall  grant  judgment  tot 
the  damages  against  the  contractor  and  his  sureties  as  hereinafter 
provided.  The  contractor  and  the  sureties  on  his  bond  and  their 
legal  representatives,  or  such  of  them  as  can  be  served  with  pro- 
cess or  notice,  shall  be  made  parties  to  any  proceeding  for  that 
purpose  and  shall  be  therein  adjudged  to  be  liable  to  the  party 
injured  or  the  city,  as  the  case  may  be,  for  the  amount  in  which 
any  assessment  or  allowance  shall  be  reduced,  if  it  appears  that 
the  contractor  was  in  fault  in  the  premises.  If  the  city  was  in 
fault  it  shall  be  adjudged  to  be  liable  to  the  party  injured  for  such 
amount.  And  all  assessments  heretofore  levied  in  the  city  of 
Albany,  proceedings  to  vacate,  review  or  set  aside  which  were  not 
pending  January  fifteenth,  eighteen  hundred  and  eighty-three,  are 
hereby  validated  and  conflrmed. 

Application     to     vacate     assessment     on.     ground     of     fraud. — 
Proceedings. 
§  2.  If,  in  the  proceedings  relative  to  any  assessment  or  assess- 
ments for  local  improvements  in  the  city  of  Albany;  or  in  the  pro- 


142  Charier  of  the  Ci'j r  of  Albany. 

ceediugs  to  collect  the  same,  any  fraud  or  defect  in  the  work,  or 
substantial  error,  shall  be  alleged  to  exist  or  have  been  committea, 
the  party  aggrieved  thereby  may,  within  twenty  days  after  the 
confirmation  of  the  assessment  and  apportionment  apply  to  have 
the  assessment  vacated  or  reduced,  or  both,  to  a  judge  of  the 
Supreme  Court,  at  Special  Term  or  at  chambers,  or  to  the  county 
judge,  who  shall  thereupon,  upon  due  notice  to  the  coimsel  of  the 
corporation  of  said  city,  and  to  the  contractor  and  his  sureties,  or 
any  other  person,  if  they,  or  either  of  them  be  proper  parties,  pro- 
ceed forthwith  to  hear  the  proofs  and  allegations  of  the  parties. 
(As  amended  by  chapter  242,   Laws  of  1887,   sec.   11.) 

In  case  fraud  exists,  assessment  to  be  vacated  or  reduced. 

§  3.  If  after  such  hearing  it  shall  be  finally  decided  that  the 
alleged  fraud  or  defect  in  the  work,  or  substantial  error,  exists  or 
has  been  committed,  the  said  assessment  shall  be  vacated  except 
■  as  hereinbefore  otherwise  provided,  and  the  lien  created  thereby, 
or  by  any  subsequent  proceeding,  shall,  except  as  hereinbefore- 
otherwise  provided,  cease;  and  hereafter  no  suit  or  action  in  the 
nature  of  a  bill  in  equity  or  otherwise  shall  be  commenced  for  the 
vacation  of  any  assessment  in  said  city  or  to  remove  a  cloud  upon 
title  arising  from  any  assessment  hereafter  made.  In  case  the 
assessment  shall  not  be  vacated  the  assessment  may  be  reduced 
or  judgment  may  be  given  as  hereinbefore  provided.  Owners  of 
property  shall  hereafter,  in  proceedings  to  reduce  or  vacate  or  stay 
payment  of  assessments,  be  confined  to  the  form  of  proceeding  in 
this  title  mentioned.  The  court  may,  in  a  proper  case  in  proceed- 
ings under  this  title,  direct  that  any  issue  or  issues  of  fact  be  tried 
before  a  jury. 

Assessment  not  to  be  vacated  unless  objections  are  filed  within 
ten  days  after  letting-  of  contract. — Hearing. 
§  4.  And  it  is  further  provided  that  no  assessment  that  may  be 
hereafter  made  shall  be  void  or  shall  be  vacated;  nor  the  sale  of 
property  therefor  be  declared  illegal,  or  the  deed  or  certificate  of 
conveyance  therefor  be  adjudged  invalid  or  illegal,  or  any  moneys 
paid  on  account  of  or  because  of  said  assessment  be  recovered 
back  or  refunded  because  of  any  error,  illegality  or  irregularity  in 
any  of  the  proceedings  in  relation  to  the  work  or  improvement 
for  which  such  assessment  is  made,  prior  to  the  commencement 
of  the  work,  including  the  letting  of  the  contract  for  said  work, 
unless  some  party  objecting  thereto  shall  have  filed  his  objection 


li EDUCING    AND    VACATING    ASSHSSMENTS.  143 

or  objections  with  the  Ck-rk  of  tlie  Board  of  Contract  and  Appor- 
tionment within  ten  days  after  the  letting  of  the  contract  for  said 
work,  stating  the  error,  illegality  or  irregularity  complained  of, 
together  with  his  address;  the  Board  of  Contract  and  Apportion- 
ment shall  thereupon  give  the  person  or  persons  filing  such  objec- 
tion or  objections,  together  with  the  contractor  to  whom  the  con- 
tract to  do  the  work  was  let,  and  the  city  of  Albany,  a  hearing, 
and  the  decision  of  the  Board  of  Contract  and  Apportionment  shall 
be  final  and  conclusive,  unless  within  ten  days  after  such  decision, 
the  party  or  parties  filing  such  objection,  or  the  contractor  or  the 
city  of  Albany,  shall  commence  proceedings  to  review  the  same; 
and  in  the  event  that  the  said  proceedings,  or  any  of  them,  includ- 
ing the  letting  of  the  contract,  be  adjudged  illegal,  the  conti-act 
for  doing  the  work  shall  be  and  become  null  and  void  and  in  no 
respect  binding  upon  the  city. 

(Added  by  chapter  242,  Laws  of  1887,  sec.  12.) 

Certificate  of  indebtedness  not  to  be  reduced  unless  objection 
was  made  before  issue  thereof. — New  assessment  in  certain 
cases. — Assessments  to  pay  certificates. 
§  5.  When  proceedings  are  taken  because  the  work  has  not  been 
done  according  to  law,  or  the  assessment  is  reduced  because  the 
work  has  not  been  done  according  to  law,  or  the  contract,  and  a 
certificate  or  certificates  of  indebtedness  for  such  work  or  any  part 
thereof  shall  have  been  issued  pursuant  to  title  nine  of  this  act, 
and  no  objection  shall  have  been  filed  prior  to  the  issuing  of  such 
certificates,  the  court  shall  not  reduce  the  assessment  below  the 
amount  of  the  certificates  so  issued  and  the  interest  due  thereon. 
Whenever  an  assessment  for  any  public  work  or  improvement, 
heretofore  or  hereafter  made,  shall  be  vacated  or  set  aside  under 
the  provisions  of  this  title,  the  Board  of  Contract  and  Apportion- 
ment shall  forthwith  proceed  to  make  a  new  apportionment  and 
assessment  for  the  same,  with  interest  thereon,  or  for  such  amount 
as  the  court  shall,  by  its  judgment,  direct.  (This  shall  not  affect 
any  person  who,  prior  to  .Januaiy  first,  eighteen  hundred  and 
eighty-seven,  had  commenced  proceedings  to  vacate  any  assess- 
ment, nor  in  anj'  wise  affect  such  proceedings.)  Whenever,  in  the 
judgment  of  the  Board  of  Contract  and  Apportionment,  it  shall 
be  desirable  to  make  an  assessment  for  the  purpose  of  collecting 
the  amount  for  which  the  city  has  issued  any  certificate  or  certifi- 
cates of  indebtedness  and  the  interest  thereon,  to  any  contractor 
or  contractors  for  any  public  work,  it  shall  be  lawful  for  the  said 


144  Charter  of  the  City  of  A  lb  any. 

board  to  make  an  assessment  for  such  work  against  the  owners 
of  and  upon  the  lots  of  ground,  franchises,  or  real  estate  benefited 
in  accordance  with  the  law.  and  the  same  shall  be  collected  and 
paid  over  in  accordance  with  the  law  in  such  case  made  and  pro- 
vided; and  thereafter,  when  any  further  certiticate  of  indebted- 
ness shall  have  been  issued  for  such  work  or  any  other  or  further 
amount  shall  be  or  be  adjudged  to  be  due  or  payable  to  the  con- 
tractor or  contractors  doing  such  work,  or  because  of  such  work, 
it  shall  be  lawful  for  the  said  Board  of  Contract  and  Apportion- 
ment, from  time  to  time,  to  make  an  assessment  or  assessments 
against  the  owners  of  and  upon  the  lots  of  ground,  franchises  or 
real  estate  benefited  therefor  in  accordance  with  the  law,  and  the 
same  shall  be  collected  and  paid  over  in  accordance  with  the  law 
in  such  case  made  and  provided. 

(Added  by  chapter  242,   Laws  of  1887,   sec.  12.) 

Appeals. — Limit. 

§  G.  Either  party  luay  appeal  from  the  final  decision  of  the  court, 
or  a  judge  thereof,  upon  any  proceedings  taken  under  this  title, 
the  same  as  from  an  order  in  a  civil  action.  Such  appeal  must  be 
taken  within  ten  days  after  the  service  upon  such  party  of  notice 
of  such  final  decision. 

(Added  by  chapter  242,  Laws  of  1887,   sec.  12.) 

Consolidation  of  proceedings. 

§  7.  Two  or  more  persons  may  unite  in  commencing  and  prose- 
cuting proceedings  under  this  title;  and  when  two  or  more  per- 
sons have  commenced  separate  proceedings  under  this  title  to 
vacate  or  reduce  assessments  for  the  same  public  work  or  improve- 
ment, the  court  or  the  judge  before  whom  the  same  are  com- 
menced or  pending,  or  where  some  are  commeu'ced  before  the 
County  Judge  and  some  in  the  Supreme  Court,  a  Judge  of  the 
Supreme  Court,  at  Special  Term  or  chambers,  may  consolidate 
said'  separate  proceedings  into  one  proceeding. 
(Added  by   chapter  64,  Laws  of  1890,   sec.  6.) 

TITLE  XII. 
Street  Commissioner. 
Salary,  superintendent  of  streets  and  lamps. — Salaries. 

Section  1.  The  Street  (Commissioner  shall  receive  a  salarj'  of 
three  thousand  dollars  a  year.    He  may  appoint  not  exceeding  two 


Street   Commissioner.  1  45 

Superiuteuclents  of  Streets,  with  the  approval  of  the  Mayor,  who 
shall  hold  their  places  during  the  pleasure  of  the  Commissioner, 
and  shall  perform  such  service  as  the  Commissioner  may  direct. 
The  salary  of  each  Superintendent  shall  not  exceed  one  thou- 
sand two  hundred  dollars  per  year.  The  Street  Commissioner 
shall  receive  the  further  sum  of  five  hundred  dollars  a  year  for 
the  maintenance  of  a  horse  and  wagon  to  be  used  by  him  in  the 
execution  of  the  duties  of  his  office. 

(As  amended  by  chapter  806,   Laws  of  1S95,   sec.   12.) 

Clerk. — Employment  of  laborers. — Teams. 

8  2.  He  shall  be  entitled  to  the  services  of  the  Clerk  of  the 
Board  of  Contract  and  Apportionment  when  such  Clerk  is  not 
engaged  in  the  work  of  said  board.  He  may  also  employ  from  time 
to  time,  when  necessary,  not  to  exceed  ten  day  laborers,  who  shall 
hold  their  places  during  the  pleasure  of  the  Street  Commissioner, 
and  shall  receive  for  such  services  a  sum  not  exceeding  two  dol- 
lars and  twenty-five  cents  per  day.  Such  Superintendents  and 
day  laborers  shall  perform  such  work  as  shall  be  required  of 
them  by  the  Street  Commissioner.  The  day  laborex's  shall  be  paid 
out  of  the  Sti'eet  Contingent  Fund,  semi-monthly,  by  the  Chamber- 
lain, on  the  certificate  of  the  Street  Commissioner.  He  shall  also 
have  power  to  employ,  when  necessarj',  not  to  exceed  two  teams, 
to  be  paid  for  by  the  Chamberlain  out  of  the  Street  Contingent 
Fund,  under  the  certificate  of  the  Street  Commissioner,  stating  the 
time,  place  and  nature  of  the  services  rendered  by  them. 
(As  amended  by  chapter  171,  Laws  of  1892,  sec.  13.) 

Additional  laborers. 

§  3.  The  Street  Commissioner  may  also  employ,  from  time  to 
time,  such  additional  laborers  as  he  may  deem  necessary,  not  to 
exceed,  however,  twenty-five  in  all.  Such  laborers  shall  receive 
for  their  services  the  same  compensation  and  shall  be  paid  in  the 
same  manner  and  at  the  same  time  as  provided  for  the  payment 
of  day  laborers  in  section  two  of  this  title. 

(As  amended  by  chapter  171,   Laws  of  1892,   sec.  14.) 

Powers  of  commissioner. 

§  4-  The  Street  Commissioner  shall  have,  in  addition  to  the 
powers  contained  in  section  (title)  ten  of  this  act,  the  superin- 
tendence of  the  work,  under  the  Board  of  Contract  and  Appor- 
tionment: ' 

10 


146  Charter  of  the  City  of  Albany. 

1.  Of  opening,  altering,  regulating,  grading,  flagging,  curbing, 
guttering,  paving,  repaying,  repairing,  sprinkling  and  lighting  all 
streets,  roads,  avenues,  lanes,  alleys,  docks  and  places  in  the  city, 
and  keeping  the  same  clear  of  obstructions 

(As  amended  by  chapter  286,  Laws  of  1891,  sec.  22.) 

2.  Of  repairing  and  constructing  all  public  •culverts,  sewers  and 
drains. 

Of  repairing  all  plank-walks. 

Of  street  vaults  and  openings  in  sidewalks. 

Of  digging  and  constructing  wells. 

It  shall  be  the  duty  of  the  Street  Commissioner  to  examine  the 
streets,  avenues,  lanes,  alleys,  places  and  squares  of  the  city,  and 
the  drains,  culverts  and  sewers  thereunder,  and  to  see  that  the 
same  are  kept  in  good  condition  and  repair.  He  shall  also,  under 
general  ordinances  of  the  Common  Council,  fix  and  determine  the 
position  of  all  cross-walks  in  the  carriage-ways  thereof. 

Work  done  under  contract  to  be  accepted  by  the  commissioner. 
§  5.  All  work  done  under  contract  entered  into  under  the  author- 
ity by  law  or  "ordinance  conferred  upon  the  Board  of  Contract 
and  Apportionment,  or  by  direction,  appointment  or  employment 
of  the  Street  Commissioner,  shall,  before  it  is  accepted,  be  certi- 
fied to  by  the  Street  Commissioner  to  the  effect  that  such  work 
has  been  done  in  a  good  and  substantial  manner,  with  the  mate- 
rials required,  of  the  quality  prescribed  and  in  the  manner  directed 
in  and  by  the  terms  of  the  contract  or  of  the  direction,  appoint- 
ment or  employment  by  the  Street  Commissioner. 

Copy  of  contract,  etc.,  to  be  filed  with  Chamberlain. 

§  6.  It  shall  bo  the  duty  of  the  Street  Commissioner,  and  of  any 
other  officer  having  in  charge  any  work  the  cost  of  which  is  to 
be  paid  by  assessment  or  apportionment,  to  file  with  the  Chamber- 
lain of  the  city,  within  ten  days  after  the  contract  shall  have  been 
duly  signed  by  the  conti-actor,  a  certified  copy  of  the  contract 
under  which  the  said  work  is  to  be  done,  together  with  a  copy  of 
the  resolution  or  ordinance  of  the  Common  Council  directing  the 
work  to  be  done  and  contract  to  be  made. 

Certificate  of  completion  of  work  to  be  filed  by  Street  Commis- 
sioner or  other  oflacer. 
§  7.  It  shall  be  the  duty  of  the  Street  Commissioner,  and  of  any 
other  officer  having  in  charge  any  work  the  cost  of  which  is  to 


Stree'i    Commissionhh.  147 

be  paid  by  assessment  or  apportioument,  within  ten  days  after 
the  completion  of  said  work,  to  file  a  certificate  of  such  comple- 
tion, in  the  form  above  required,  of  the  Street  Commissioner  with 
the  Chamberlain,  and  to  furnish  to  the  Board  of  Contract  and 
Apportionment  a  certificate  in  like  fonu,  stating  in  effect  that 
such  work  has  been  examined  by  said  Street  Commissioner,  and 
has  been  done  in  accordance  with  law  and  the  terms  of  the  con- 
tract as  above  provided.  He  shall  also  furnish  to  the  said  board 
and  to  the  Common  Council,  when  required,  a  statement  of  the 
items  constituting  the  cost  and  expense  of  said  work,  together 
with  the  incidental  expenses  connected   therewith. 

Lighting  the  city. 

§  8.  The  Street  Commissioner  shall  have  charge  of  the  lighting 
of  the  city,  and  power  and  authority,  under  general  ordinances  of 
the  Common  Council,  to  determine  the  position  of  the  lamps.  He 
shall  see  that  all  contracts  relating  thereto  are  properly  executed, 
and  shall  be  entitled  to  the  services  of  the  police,  who  shall  report 
to  him  all  defects  in  the  lighting  of  the  city,  of  which  said  com- 
missioner shall  keep  a  record  in  the  office  of  the  Board  of  Con- 
tract and  Apportionment. 

Oil,  gas,  etc.,  to  be  supplied  by  contract. 

§  9.  All  the  oil.  gas  and  electric  lights  of  the  city  shall  be  sup- 
plied under  and  pursuant  to  contracts  to  be  let  by  the  Board  of 
Contract  and  Apportionment,  which  contracts  shall  ■cover  and 
include  the  lighting  and  supplying  of  the  lamps  and  the  oil.  gas 
and  electric  current  respectively  therefor,  the  cleaning  thereof,  and 
all  materials  required  in  the  use  and  repair  thereof. 

Claims  to  be  presented  monthly,  etc. 

§  10.  All  claims  under  such  contracts  shall  be  presented  monthly, 
and  be  audited  by  the  Chamberlain  and  paid  by  the  Chamberlain 
in  lUie  manner  as  other  claims  against  the  city  directed  to  be 
audited  by  him,  provided,  however,  that  no  such  account  shall  be 
audited  or  paid  unless  it  shall  be  accompanied  by  a  certificate  of 
the  Street  Commissioner,  to  the  effect  that  the  amount  charged 
for  therein  is  due,  under  the  terms  of  the  contract,  for  the  work 
therein  mentioned,  and  that  the  work  has  been  done  for  the 
period  covered  by  such  account. 


148  Charter  of  the  City  of  Albany. 

TITLE  XIII.  ^ 

City  Engineek  and  Purveyor. 
Qualifications  and  salary. — Deputy. — Assistants. 

Section  1.  The  City  Engineer  sliall  be  a  civil  engineer,  liaving 
at  least  ten  years'  experience  in  his  profession,  and  shall  receive 
a  salary  of  three  thousand  five  hundred  dollars  a  year.  He  shall 
appoint  one  deputy  engineer,  who  shall  be  a  civil  engineer,  hav- 
ing at  least  eight  years'  experience  in  his  profession,  or  who  shall, 
in  lieu  thereof,  be  a  graduate  in  civil  engineering  at  a  technical 
school,  and  in  addition  thereto  have  had  at  least  five  years'  expe- 
rience in  his  profession,  and  who  shall  receive  a  salary  of  one 
thousand  eight  hundred  dollars  a  year.  He  shall  also  appoint  one 
assistant  engineer,  who  shall  receive  a  salary  of  one  thousand  five 
hundred  dollars  a  year;  and  one  assistant  engineer  and  draughts- 
man, at  a  salary  of  one  thousand  three  hundred  dollars  a  year; 
and  one  leveler,  at  a  salary  of  eleven  hnndred  dollars  a  year;  and 
one  rodnian,  at  a  salary  of  nine  hundred  dollars  a  year;  and  one 
chainnian.  at  a  salary  of  seven  hundred  and  fifty  dollars  a  year; 
and  one  assistant  chainman.  for  such  time,  not  to  exceed  nine 
months  in  any  one  year,  as  he  shall  determine,  who  shall  receive 
for  his  services  the  sum  of  two  dollars  and  twenty-five  cents  per 
day.  All  persons  appointed  by  the  City  Engineer  to  the  above- 
mentioned  offices  shall  perform  such  services  and  labor  as  he 
shall  pi-escribe,  and  shall  hold  their  offices  at  his  pleasure. 
(As  amended  by  chapter  398,  Laws  of  1888,  sec.  12.) 

To  make  maps,  etc.,  for  oflacers  and  boards. 

§  2.  The  City  Engineer  shall  make  all  surveys,  measurements, 
maps,  profiles,  diagrams  and  plans  required  by  any  city  officer  or 
board,  by  the  Common  Council  or  any  committee  thereof,  by  the 
Board  of  Commissioners  of  "  the  Washington  park  of  the  city  of 
Albany,"  or  by  the  Water  Commissioners,  in  the  prosecution  and 
performance  of  their  or  its  official  duties. 

(As  amended  by  chapter  398,  Laws  of  1888,  sec.  12.) 

To  make  maps,  plans,  etc. — Extra  help. — Payment  of  same. 

§  3.  The  City  Engineer  shall  make  all  surveys,  measurements, 
maps,  profiles,  diagrams  and  plans  necessai-y  and  proper  for  the 
taking  of  any  land  by  right  of  eminent  domain,  or  for  the  widen- 
ing, paving,  repaving  or  otherwise  altering,  changing  or  improv- 
ing any  street,  avenue,  alley,  lane,  square  or  lot  in  said  city  of 


City  Engineer  and  Surveyor.  149 

Albany,  whenever  they  may  be  necessaiy  for  the  use  of  any  city 
oflacer  or  committee  of  the  Common  Council.  He  shall  also  make 
measurements  and  approximate  estimates  for  all  work  to  be  done 
and  materials  to  be  furnished  under  contract  with  the  city,  and 
of  all  work  performed  and  materials  furnished,  whenever  such 
measurements  and  estimates  shall  be  required  by  any  citj-  officer, 
the  Board  of  Contract  and  Apportionment,  the  Common  Council, 
or  any  committee  thereof,  and  shall  make  to  such  officer,  board  or 
committee,  a  detailed  statement  of  such  measurements  and  esti- 
mates, accompanying  the  same  with  a  certificate  to  the  effect 
that  such  statement  is  in  all  respects  true  and  correct.  He  shall 
also  make  all  surveys,  measurements,  maps,  profiles,  diagrams 
and  plans  necessaiy  for  the  use  of  any  city  board  or  for  the  Board 
of  Commissioners  of  "  the  Washington  park  of  the  city  of  Albany," 
or  by  the  Water  Commissioners,  when  requested,  in  pursuance  of 
a  resolution  of  any  of  said  boards;  provided,  however,  that  the 
City  Engineer  may,  in  his  discretion  and  in  accordance  with  a 
notification  made  to  the  board  requesting  such  work  before  it  is 
undertaken,  employ  such  extra  help  in  doing  such  work  requested 
as  he  may  deem  necessary,  and  cliarge  all  expense  of  such  work 
to  the  board  requesting  the  same.  It  shall  be  the  duty  of  any  of 
said  boards  to  pay  the  expense  of  any  such  work  reqiiested  to  be 
done  by  the  City  Engineer,  and  to  provide  for  the  same  in  the 
manner  now  provided  by  law  for  the  other  expenses  authorized 
by  them  to  be  incurred. 

(As  amended  by  chapter  398,  Laws  of  188S,  sec.  12,  and  by  chap- 
ter 280,  Laws  of  1891,  sec.  23.) 

Not  to  receive  fees. 

§  -4.  Neither  the  City  Engineer  nor  any  of  the  persons  employed 
by  him  shall  be  entitled  to  any  fees,  perquisites  or  allowances  for 
any  of  the  work  above  mentioned,  done  for  or  on  behalf  of  the 
city,  nor  shall  any  of  such  pei-sons  engage  in  engineering  or  sur- 
veying work  of  a  private  nature  between  the  hours  of  nine  o'clock 
in  the  forenoon  and  six  in  the  afternoon,  nor  at  such  other  time 
or  times  as  the  City  Engineer  may  require  their  services. 
(As  amended  by  chapter  398,  Laws  of  1888,  sec.  12.) 

Expenses    to    be    audited    and    paid    by    Chamberlain. — To    be 
certified. 
§  5.  All  claims  for  expenses  necessarily  incurred  by  the  City 
Engineer,  and  for  materials  used,  and  for  articles  heeded  in  the 


150    "'•       Ghakter  of  the  City  of  Alb  Ayr. 

execution  of  the  duties  of  his  office  shall  be  presented  in  the  form 
of  accounts  against  the  city,  in  the  form  required  by  law,  and  the 
Chamberlain  shall  examine,  audit  and  pay  such  accounts  at  a 
proper  amount,  not  exceeding  that  appropriated  for  the  purpose. 
Such  accounts,  when  presented  to  the  Chamberlain,  shall  be 
accompanied  by  the  certificate  of  the  City  Engineer,  to  the  effect 
that  the  articles  have  been  furnished  at  the  times  and  in  the 
amounts  and  of  the  quality  stated  in  such  account,  and  were 
necessary  for  use  in  the  execution  of  the  duties  of  his  office  and 
reasonably  worth  the  price  in  said  account  charged  therefor. 
(As  amended  by  chapter  398,   Laws  of  1888,   sec.   12.) 

Maps,  etc.,  to  be  city  property. — ^To  be  numbered  and  indexed. 
§  G.  All  surveys,  measurements,  maps,  profiles,  diagrams  and 
plans  made  or  prepared  by  the  City  Engineer  in  the  execution  of 
the  duties  of  his  office  shall  be  and  are  hereby  declared  to  be  the 
property  of  the  city  of  Albany,  and  it  shall  be  the  duty  of  the  City 
Engineer  to  number  the  same  and  enter  such  number,  together 
with  a  brief  statement  of  the  subject  or  contents  of  such  survey, 
measurement,  map,  profile  or  plan  in  a  book  or  books  to  be  kept 
for  that  purpose. 

(As  amended  by  chapter  398,  Laws  of  1888,  sec.  12.) 

Fence  Viewers. 

§  7.  The  City  Engineer  and  his  deputy  are  hereby  constituted 
fence  viewers  in  and  for  the  city  of  Albany. 

(As  amended  by  chapter  398,  Laws  of  1888,  sec.  12.) 

Partition  fences. — Disputes. 

§  8.  All  partition  fences  in  the  city  shall  be  maintained  and 
repaired  at  the  joint  expense  of  the  owners  of  the  land  on  each 
side  thereof;  every  dispute  between  such  owners  touching  the  suf- 
ficiency or  the  method  of  eonstruction  or  the  repairing  of  any  such 
fence,  the  division  of  the  fence  between  them  or  the  part  each  is 
to  bear,  respectively,  in  the  expense  thereof,  shall  be  decided  by 
the  deputy  engineer,  but  no  such  dispute  shall  be  referred  to  or 
decided  by  said  deputy  engineer  until  the  person  or  persons  refer- 
ring the  same  shall  pay  the  sum  of  five  dollars  to  the  Chamber- 
lain of  the  city  of  Albany,  to  be  credited  to  the  street  contingent 
fund,  and  file  with  said  deputy  the  receipt  of  the  Chamberlain 
therefor. 

(As  amended  by  chapter  398,   Laws  of  1888,   sec.   12.) 


City  ENGINEER  and  Surveyor.  151 

Appeals. 

§  9.  Any  party  interested  in  any  partition  fence,  wliere  a  dispute 
has  arisen  on  any  question  relating  thereto,  may  appeal  from  the 
decision  of  the  deputy  engineer  to  the  City  Engineer,  whose 
decision  and  determination  in  the  matter  shall  be  final  and  con- 
clusive, i 

(As  amended  by  chapter  398,   Laws  of  1888,  sec.  12.) 

Removal  of  buildings  encroaching  on  streets. 

§  10.  If  any  building  now  erected,  or  hereafter  to  be  erected, 
shall  stand  upon  or  project  beyond  the  range  of  the  street,  the 
City  Engineer  shall,  upon  receipt  of  written  directions  from  the 
Mayor,  send  written  notice  thereof  to  the  owner  or  pei-son  erect- 
ing or  maintaining  the  same,  who  shall,  within  ten  days  after 
the  receipt  of  such  notice,  remove  the  said  building  to  the  range 
of  the  street  laid  down  by  the  City  Engineer,  and  in  case  of  neg- 
lect or  refusal  of  said  owner  or  person  erecting  the  same  to  comply 
with  said  notice,  the  City  Engineer  shall  cause  said  removal  to 
be  made,  and  return  the  expense  thereof  to  the  Board  of  Contract 
and  Apportionment,  to  the  end  that  said  expense  may  be  assessed 
and  collected,  and  the  Board  of  Contract  and  Apportionment  are 
hereby  empowered  to  assess  said  expense  upon  the  property  of 
such  owner  in  the  manner  prescribed  by  this  act. 

(As  amended  by  chapter  398,  Laws  of  1SS8,  sec.  12.) 

Street  grades. — Changes  therein. — Monumenting  new  streets. 

§  12.  The  grades  of  the  several  streets  and  avenues  hereafter 
opened,  shall,  within  as  eai-ly  a  period  as  is  practicable,  and  not 
to  exceed  six  months,  be  established  by  the  City  Engineer,  a 
profile  thereof  filed  in  his  office  and  reported  to  the  Common  Coun- 
cil, and  said  grade  shall  be,  as  far  as  practicable,  upon  one  plane 
between  the  intersecting  streets.  Any  change  or  modification  in 
the  existing  grades  of  the  several  streets  or  avenues  heretofore 
opened  or  now  used  as  public  streets  of  said  city,  and  the  deter- 
mination by  the  City  Engineer  of  a  grade  for  any  such  public 
street  or  avenue  where  none  has  heretofore  been  established  by 
law,  shall  be  reported  to  and  be  approved  by  the  Common  Council; 
provided,  however,  that  the  City  Engineer  may,  from  time  to  time, 
modify  and  adjust  the  grades  at  the  intersection  of  streets,  as 
circumstances  may  require.  Such  new  streets  shall  also  be  monu- 
mented  within  the  time  above  named,  and  the  claim  for  the 
expense  of  such  monumenting  shall  be  presented  a«  prescribed  in 


152  Charter  of  the  City  of  Albany. 

section  six  of  this  article  and  paid  at  a  proper  amount  from  the 
fund  known  as  street  contingents.  All  streets  hereafter  deeded 
to  the  city  of  Albany  must  first  be  monumented  in  a  manner  that 
shall  be  satisfactory  to  the  City  Engineer,  and  in  accordance  with 
his  instructions,  and  such  monumenting  shall  be  considered  a 
necessary  fondition  to  the  acceptance  of  any  street  by  the  city. 

(As  amended  by  chapter  398,  Laws  of  1888,  sec.  12,  and  by  chap- 
ter 286,  Laws  of  1891,  sec.  24.) 

Inspectors'  duties  defined  by  Engineer.— Notice  of  neglect  of 
duty. — Suspension. — Substitute. 
§  13.  The  City  Engineer  shall  define  the  duties  of  all  inspectors 
of  public  improvements,  and  they  shall  report  to  him  in  such 
manner  and  at  isuch  times  as  he  shall  designate.  He  shall  give 
notice,  in  writing,  to  the  person  or  persons  by  whom  the  inspectors 
are  appointed,  and  also  to  the  inspector,  of  any  failure  or  neglect 
on  the  part  of  any  of  said  inspectors  to  properly  perfoi-m  his 
duty,  and  upon  receipt  of  the  same  by  said  person  or  pei-sons  and 
inspector,  the  inspector  complained  of  shall  be  suspended  from  his 
said  office  forthwith,  and  shall  be  removed  unless  the  said 
inspector  show  <?ause  to  the  contrary  before  the  Board  of  Con- 
tract and  Apportionment  of  the  city  of  Albany  at  its  next  regular 
meeting.  The  City  Engineer  shall  appoint  a  substitute  for  any 
inspector  who  may  be  suspended  from  his  ofiice,  during  the  period 
of  such  suspension,  and  the  person  so  appointed  as  a  substitute 
shall  be  paid  the  same  per  diem  allowance,  and  shall  perform  all 
the  duties  and  have  all  the  powers  of  the  suspended  inspector. 

(As  amended  by  chapter  398,  Laws  of  1888,  sec.  12,  and  by  chap- 
ter 286,  Laws  of  1891,  sec.  25.) 

§  13.  Wherever  in  chapter  two  hundred  and  ninety-eight  of  the 
LawiS  of  eighteen  hundred  and  eighty-three,  or  in  any  amendment 
thereof,  the  words  "  City  Engineer  and  Surveyor  "  are  employed, 
reference  shall  be  understood  to  the  person  mentioned  in  this 
act  as  the  "  City  Engineer,"  and  the  designation  "  City  Engineer 
and  Surveyor "  shall  hereafter  be  replaced  by  that  of  "  City 
Engineer." 

(As  amended  by  chapter  398,  Laws  of  1888,  sec.  12.) 

(The  omission  of  a  section  numbered  11,  and  the  insertion  of  two 
sections  numbered  13,  in  the  forcKoing-  title,  has  l)een  occasioned  by 
carelessness  in  legislation,  which  will  be  apparent  upon  examination 
of  the  several  amendatory  acts  as  they  appear  in  the  session  laws.) 


City  Engineer  and  Surveyor.  153 

Engineer  to  certify  to  work  done. 

§  14.  All  work  done  imder  contract  entered  into  nnder  the 
authority  by  law  or  ordinance  conferred  upon  the  Board  of  Con- 
tract and  Apportionment,  or  by  direction,  appointment  or  employ- 
ment of  the  Street  Gommissioner,  shall,  before  it  is  accepted,  and 
in  addition  to  the  certificate  hereinbefore  required,  be  certified  to 
by  the  City  Engineer  to  the  effect  that  such  work  has  been  done 
in  a  good  and  sultstantial  manner,  with  tlie  material  required,  of 
the  quantity  prescribed  and  in  the  manner  directed  in  and  by  the 
terms  of  the  contract  or  of  such  authority,  direction,  appointment 
or  employment. 

(Added  by  chapter  286,  Laws  of  1891,   sec.   26.) 

Inspectors. — Payment  of  same. — Civil  service  examination. 

§  15.  The  City  Engineer  may,  in  his  discretion,  appoint  and 
employ  an  inspector  (who,  in  the  case  of  the  construction  of  a 
sewer,  must  be  a  civil  engineer)  of  any  work  during  the  continu- 
ance of  such  work,  the  cost  of  which  shall  exceed  five  thousand 
dollars,  when  such  work  is  to  be  done  under  any  contract  for  the 
construction  of  culverts  or  drains  or  for  the  paving  of  streets;  and 
for  any  work  that  is  being  carried  on  in  two  or  more  remote  sec- 
tions, a  separate  inspector  may  be  appointed  for  each  section  dur- 
ing the  continuance  of  work  thereon;  provided,  however,  that  no 
inspector  shall  be  appointed  on  any  section,  the  estimated  cost  of 
which  is  less  than  five  thousand  dollars.  Such  inspectors  shall  be 
paid  a  per  diem  allowance,  to  be  fixed  by  said  engineer,  to  be 
included  in  the  assessment  to  be  made  for  the  work  inspected 
and  to  be  collected  thereby.  The  board  is  authorized  to  tempo- 
rarily advance  to  such  inspector  his  per  diem  allowance  out  of 
the  fund  known  as  street  contingents,  and  when  the  amount  of 
such  allowance,  so  advanced,  is  collected  by  assessment,  it  shall 
be  paid  into  such  sti-eet  contingent  fund.  No  person  shall  be 
appointed  as  such  an  inspector  until  the  local  board  of  Civil  Ser- 
vice Commissioners  shall  have  subjected  him  to  an  examination 
as  to  bis  competency  and  fitness  for  such  an  appointment,  and 
shall  have  certified  the  same  to  the  City  Engineer. 
(Added  by  chapter  286,  Laws  of  1891,  sec.  26.) 


154  Charter  of  the  City  of  Albany. 

TITLE  XIV. 

City  Physician. 
Salary. 

Section  1.  The  City  Physician  shall  receive  a  salary  of  twelve 
hundred  dollars  per  annum,  payable  monthly  out  of  the  alms- 
house fund. 

Duty  to  visit  Alms-house,  etc. 

§  2.  It  shall  be  bis  duty  to  visit  the  alms-house  at  least  once 
in  each  day,  to  attend  and  administer  medical  assistance  to  the 
sicli  in  the  alms-house,  hospital,  pest-house  and  other  permanent 
or  temporary  buildings  now  or  hereafter  to  be  erected  on  the  alms- 
house farm,   and   direct  the   manner  of   treatment  of   said   sicli. 

Kesident  physician. 

§  3.  He  shall  have  power  to  appoint  one  resident  physician  at 
a  salary  of  not  more  than  two  hundred  dollars  per  annum,  pay- 
able monthly,  from  the  fund  raised  for  the  support  of  the  alms- 
house, to  assist  him  in  the  discharge  of  his  duties  at  said  alms- 
house or  hospital. 

Monthly  report. 

§  4.  He  shall  report  on  the  first  day  of  every  month,  and 
oftener  if  he  deem  it  necessary,  in  writing,  to  the  Mayor,  of  the 
pauperism  in  the  alms-house,  the  persons  admitted  to  the  pest- 
house,  lunatic  asylum  and  hospital,  when  sent  and  by  whom. 

TITLE  XV. 

SUPERINTENDKNT   OP   THE   AlMS-HOUSE. 

Salary. 

Section  1.  The  Superintendent  of  the  Alms-house  shall  reside 
at  the  alms-house  in  the  city  of  Albany  and  shall  receive  a  salary 
of  two  thousand  five  hundred  dollars  a  year,  and  shall  provide 
his  own  table  and  that  of  his  assistants  who  reside  at  the  alms- 
house, from  the  money  appropriated  to  the  support  of  the  alms- 
house. He  shall  give  his  undivided  personal  attention  to  the 
duties  of  his  otfice  and  shall  be  engaged  in  no  other  trade,  busi- 
ness, occupation  or  employment. 

To  have  charge  and  control  of  the  poor. 

§  2.  He  shall  have  the  charge,  care  and  control  of  the  poor 
and  insane  committed  to  the  alms-house  and  of  the  real  and  per- 


Super inthndejSt  of  the  Alms-house.  155 

sonal  property  now  used  for  such  purposes,  and  of  the  farm  and 
appurtenances  thereto  belonging  and  appertaining.  And  all  per- 
sons arrested  upon  the  charge  of  insanitj'  shall  bo  sent  forthwith 
to  and  confined  in  the  asylum  attached  to  the  Albany  alms-house, 
and  it  is  hereby  made  the  duty  of  the  Superintendent  of  the  Alms- 
house to  transfer  the  said  person  or  persons  to  and  from  the  said 
asylum  when  directed  so  to  do  by  either  of  the  police  magistrates 
or  the  Chief  of  Police. 

Moneys  to  be  appropriated  only  to  be  paid  out  after  audit  of 
claims. 
§  3.  All  moneys  appropriated  to  the  supiwrt  and  maintenance 
of  the  alms-house  in  the  city  of  Albany  shall  be  paid  over  to  the 
Chamberlain  of  the  city  of  Albany,  who  shall  pay  the  same  out 
only  after  an  investigation  and  audit,  by  the  Board  of  Audit,  as 
hei'einbefore  provided,  of  the  claims  presented,  and  after  the 
certificate  of  the  Superintendent  shall  have  been  given  as  herein- 
after provided  for. 

Deputy  and  clerks. — Assistants. 

§  4.  Said  Superintendent  shall  appoint  a  deputy,  with  the 
approval  of  the  ]Mayor,  who  shall  receive  a  salary  at  the  rate  of 
one  thousand  two  hundred  dollars  a  year,  and  a  clerk  who  shall 
receive  a  like  salary.  The  said  deputy  and  clerk  shall  hold  their 
positions  during  the  pleasure  of  the  Superintendent.  The  said 
clerk  shall  have  his  office  in  the  rooms  assigned  to  and  occupied 
by  the  Overseer  of  the  Poor  in  the  city  of  Albany.  The  Superin- 
tendent of  the  Alms-house  shall  also  have  power  to  employ  such 
assistants  as  will  enable  him  to  execute  the  duties  of  his  office, 
whose  respective  compensations  shall  be  fixed  by  him  at  a  sum 
not  exceeding  in  the  aggregate  five  thousand  dollars  per  annum. 
(As  amended  by  chapter  302,  Laws  of  1885,  sec.  1.) 

Employment  of  paupers. — Purchase  of  supplies. 

§  5.  He  shall  also  employ,  as  far  as  possible  and  without  com- 
pensation to  them,  the  paupers  confined  in  the  alms-house,  espe- 
cially in  the  cultivation  of  the  poor-hou.se  farm.  It  shall  be  the 
duty  of  the  Superintendent  to  purchase  all  supplies  for  the  alms- 
house in  such  quantities,  at  such  times,  and  from  such  persons 
as  he  shall  decide  to  be  most  for  the  interests  of  the  city;  and  he 
shall  regulate  the  consumption  and  distribution  of  the  same,  and 
direct  the  doing  of  all  work  and  the  making  of  all  repairs  incident 


156  Charter  of  the  City  of  Albany. 

to  the  duties  of  his  office  and  the  care  of  the  property  committed 
to  his  charge. 

Claims  for  supplies  to  be  certified  and  audited  before  paid. 

§  6.  All  claims  for  such  supplies  and  other  expenditures  by 
liini  shall  be  presented  as  hereinbefore  provided;  provided,  how- 
ever, that  no  such  account  shall  be  audited  or  paid  unless  it  sliall 
be  accompanied  by  a  certificate  of  the  Superintendent  to  the  effect 
that  tlie  work  charged  for  therein  has  been  actually  done  and  the 
materials  mentioned  tlierein  have  been  actually  furnished,  and 
that  such  work  and  materials  were  reasonably  worth  the  price 
charged  therefor.  The  bill  or  claim  shall  be  verified  by  the  claim- 
ant as  other  bills  are  required  to  be. 

Quarterly  statement. 

§  7.  It  shall  be  the  duty  of  the  Superintendent  of  the  Alms-house 
to  make  a  quarterly  statement  to  the  Common  Council,  showing, 
in  tabulated  form,  the  age,  sex,  nafonality  and  number  of  pau- 
pers, insane  and  sick  in  the  alms-house,  each  day  of  the  month, 
the  total  number  of  weeks'  board  and  lodging  furnished  in  the 
alms-house,  alms-house  asylum  and  alms-house  hospital,  respec- 
tively, and  the  cost  per  day  of  maintaining  each  pauper,  patient 
and  insane  person  in  the  alms-house;  the  quantity  and  quality  of 
each  kind  of  food  and  provisions  used  in  the  alms-house,  and  the 
price  therefor,  and  the  persons  or  firms  from  whom  the  several 
articles  were  purchased;  the  kind  and  amount  of  I'epairs  made, 
and  by  whom  the  same  were  made,  and  the  cost  thereof;  the 
amount  raised  on  and  received  from  the  poor-house  farm,  and  the 
disposition  thereof;  the  number  of  persons  employed,  their  occu- 
pation and  the  salary,  wages  or  compensation  paid  to  each;  also 
such  further  statistical  information  as  the  Superintendent  is  now 
or  may  be  required  by  law  or  the  ordinances  of  the  Common 
Council  to  furnish. 

TITLE  XVI. 

(As  amended  by  chapter  302,  Laws  of  1SS5.) 

Overseer  op  the  Poor. 

Powers  and  duties  of  Superintendent  of  Alms-house. — Compen- 
sation. 

Section  1.  The  Superintendent  of  the  Alms-house  in  the  city  of 
Albany  shall,  by  virtue  of  his  office,  be  the  Overseer  of  the  Poor 


Overseer  of  the  Poor.  IT)? 

of  the  city  of  Albany,  and  shall  have  and  exercise  the  powers  and 
duties  of  the  Overi^CKH-  of  the  Poor  of  the  city  of  Albany,  and  no 
other  overseer  shall  be  hereafter  appointed.  He  shall  O'ccupy  the 
offices  in  said  city  now  used  by  the  present  Overseer  of  the  Poor 
of  said  citj-.  or  such  other  offices  as  may.  by  the  proper  authori- 
ties of  said  city  be  lawfully  assigned  to  him  for  his  use,  and  shall 
receive  five  hundred  dollars  a  year  for  the  services  to  be  ren- 
dered by  him  under  this  title,  to  be  paid  to  him  out  of  tlie  amount 
in  this  titli>  directed  to  be  raised. 

Care  of  city  poor. 

§  2.  He  shall  have  the  supervision  and  care  of  tlie  poor  of  said 
city,  and  shall  have  the  right  to  make,  from  time  to  time,  requisi- 
tions, in  writing,  upon  the  Chamberlain  of  said  city  for  such  sums 
as  may  be  required,  under  the  provisions  of  this  title,  for  the 
temporary  relief  of  the  poor  tJiereiu,  which  requisitions,  when 
indorsed  with  the  written  approval  of  the  Mayor  of  said  city,  but 
not  otherwise,  shall  be  paid  by  said  Chamberlain. 

Investigation  into  antecedents  of  indigent  poor. — Entries  to"  be 
kept. — Power  to  commit  to  hospital. — Notice  of  death  or  dis- 
charge to  be  given  Overseer. 
§  3.  Whenever  it  shall  become  known  to  the  said  Overseer  of 
the  Poor  that  any  person  who  is  blind,  lame,  old,  impotent,  insane 
or  decrepit,  or  is  in  any  other  way  disabled  or  enfeebled  so  as  to 
be  unable  by  work  to  maintain  himself  or  herself,  has  no  visible 
means  of  support,  and  is  or  is  about  to  become  a  charge  on  the 
public,  it  shall  be  the  duty  of  the  said  Overseer  diligently  to 
investigate  and  inquire  as  to  the  antecedents  of  such  person, 
whetlier  he  or  she  has  any  relatives  legally  bound  to  support  such 
person,  what  his  or  lier  last  place  of  residence  was,  and  from 
what  place  he  or  she  came  into  Albany  county,  and  for  what  time 
he  or  she  has  resided  or  been  in  Albany  county.  All  of  which 
facts,  together  with  a  statement  of  the  relief  granted  or  of  the 
disposition  made  of  the  case,  shall  be  entered  fully  in  a  book  to 
be  kept  by  the  said  Overseer  of  the  Poor,  in  which  shall  be  also 
entered  the  name,  nationality,  color  and  age  of  such  pei-son.  If 
it  shall  appear  that  such  person  has  relatives  legally  bound  to 
care  for  and  support  him  or  her,  the  Overseer  of  the  Poor  shall 
take  proceedings  to  compel  them  to  support  such  person.  If,  from 
such  investigation  and  inquiiy.  it  shall  appear  that  such  person 
has  no  legal  settlement  in  Albany  county,  it  shall  be  the  duty  of 


158  Charter  of  the  City  of  Albany. 

the  Overseer  of  the  Poor,  as  soon  as  the  couditiou  of  the  applicaut 
will  permit,  to  take  such  proceedings  as  are  authorized  by  law  to 
relieve  Albany  county  from  his  or  her  care  and  support.  He 
shall  have  power,  by  a  commitment  in  writing,  to  send  to  the 
several  hospitals  of  the  city  of  Albany  such  of  the  sick  poor  as  he 
may  think  proper,  provided  that  the  expense  of  their  care  and 
support  in  such  hospitals  shall  not  exceed  the  amount  appropri- 
ated for  such  purpose;  and  such  hospitals  shall  be  paid  quarterly, 
upon  the  certificate  of  said  Overseer,  accompanied  by  the  com- 
mitment and  an  affidavit  of  the  proper  officer  or  agent  of  the 
hospital,  showing  the  date  when  each  person  was  received  and 
the  date  when  each  person  died  or  was  discharged,  and  the  time 
during  whi'Ch  each  person  was  cared  for  therein,  such  sum  per 
week  as  may  be  agreed  upon  by  said  Overseer,  with  the  approval 
of  the  Mayor  of  the  city,  ^^ith  each  of  said  hospitals,  for  the  care 
and  maintenance  of  the  sick  poor  confided  to  their  care.  It  shall 
further  be  the  duty  of  each  hospital  to  notify  the  said  Overseer 
of  the  Poor,  in  writing,  of  the  date  of  the  death  or  discharge  of 
each  person  committed  to  it  under  the  provisions  of  this  title, 
within  twenty-four  hours  after  such  death  or  discharge,  and  for 
a  neglect  to  do  so  shall  forfeit  any  claim  for  compensation  for 
caring  for  such  person. 

Temporary  relief. 

§  4.  The  said  Overseer  shall  have  power,  within  the  limit  of 
the  amount  allowed  him  under  the  provisions  of  this  title,  to  give 
relief  to  the  poor  in  cases  of  temporary  emergency,  but  not  in 
continuous  or  periodic  aid  or  support  of  such  poor,  and  no  sum 
exceeding  ten  dollars  shall  be  paid  or  applied  to  the  use  of  any 
one  person  or  his  or  her  family  in  any  one  year,  until  the  special 
circumstances  of  such  case  have  eaeli  time,  when  furtlier 
aid  or  assistance  is  afforded,  been  presented  in  writing,  to 
the  Mayor  of  said  city,  and  he  has  indorsed  thereon  his  approval 
thereof;  whenever  it  shall  appear  to  said  Overseer  that  any  per- 
son applying  for  relief  is  in  such  condition  as  that  such  person 
cannot  provide  for  himself  or  herself,  or  his  or  her  family,  and  in 
the  judgment  of  such  Overseer  he  or  she  can  be  more  comfortably 
supported  at  the  alms-house,  it  shall  be  the  duty  of  said  Overseer 
to  commit  and  cause  the  removal  of  such  person  and  his  or  her 
family  to  the  said  alms-house  or  other  proper  place. 


0  VERSE KR    OF   THE   PoOR.  lf)9 

Assistant's  salary,  etc, 

§  5.  Said  Overseer  may  employ  an  assistant  at  a  salary  of  one 
thousand  dollars  a  year.  The  Board  of  Finance  of  the  city  of 
Albany  shall  insert  in  the  annual  tax  budget,  proposed  by  it  to 
the  Common  Council,  the  amount  necessary  to  cover  the  expenses 
which  will  be  incurred  in  carrying  into  effect  the  provisions  of  this 
title,  and  the  Common  Council  shall  insert  the  same  in  the  annual 
tax  budget,  and  the  same  shall  be  levied,  laid  and  assessed  as 
other  city  taxes. 

Monthly  reports. — Orders  not  to  be  drawn  on  stores,  etc. 

§  G.  The  said  Uverseer  shall  malie  monthly,  to  the  Common 
Council,  a  just,  full  and  true  report  and  account,  to  be  verified 
by  him,  of  all  moneys  and  property  coming  into  his  hands,  and 
of  the  manner  of  the  expenditure  and  disposition  thereof,  and  if 
any  part  of  said  expenditures  are  in  coal  orders  or  store  orders, 
the  amount  of  coal  orders  and  store  orders  shall  be  stated  and 
the  names  of  the  persons  who  are  therein  required  to  furnish  the 
supplies.  He  shall  also  separately  state  the  amount  represented 
by  orders  issued  more  than  three  months  prior  to  such  report 
which  are  outstanding  at  the  date  thereof,  and  the  amount  repre- 
sented by  outstanding  orders  issued  within  the  three  months  pre- 
ceding the  date  of  such  report.  No  orders  shall  be  issued  on  any 
store  or  place  in  which  liquors  are  sold  by  the  glass;  and  no 
orders  shall  be  issued  in  excess  of  the  amount  for  which  the 
Overseer's  requisitions  have  been  allowed,  after  deducting  from 
such  amount  all  other  expenses,  disbursements  and  liabilities  con- 
tracted to  be  paid  therefrom.  The  Overseer  shall  retain  in  his 
hands  sufficient  money  to  pay  such  orders  until  the  end  and 
expiration  of  three  months  after  the  date  of  their  issue,  and  there- 
after he  shall,  at  the  time  of  presenting  his  monthly  reports  to 
the  Common  Council,  repay  the  amount,  representing  orders  not 
redeemed  within  three  months  after  their  date,  to  the  Chamber- 
lain, who  shall  credit  the  same  to  the  appropriation  for  the  poor. 
Said  orders  shall  be  dated  when  given,  and  shall  have  clearly 
printed  across  their  face  the  following  words:  "  This  order 
becomes  void  if  not  presented  for  payment  within  three  months 
after  the  date  of  its  issue,"  and  unless  presented  for  payment  to 
the  Overseer  of  the  Poor  within  such  three  months  it  shall  be 
void  and  shall  not  be  paid.  It  shall  be  a  misdemeanor  for  the 
Overseer  of  the  Poor  to  incur  any  expense,  pay  any  money,  or 


160  Charter  of  the  City  of  Albany. 

issue  any  orders  iu  excesis  of  the  amount  allowed  to  bim  under 
the  aforesaid  requisitions. 

(Sections  7,  8,  9  and  10  omitted  in  amending  title  XVI,  by  chap- 
ter 302,   Laws  of  1885.) 

City  Mahshal. 
City  Marshal. 

§  11.  The  City  Marshal  shall  receive  a  salary  of  one  thousand 
dollars  a  year;  he  shall  assist  the  Clerk  of  the  Common  Council  in 
the  execution  of  the  duties  of  that  office,  and  shall  perform  such 
other  duties  as  are  required  of  him  by  law  or  may  be  required  hy 
ordinances  of  the  city  of  Albany  or  the  Mayor  of  said  city. 

(As  amended  by  chapter  398,  Laws  of  1888,  sec.  13,  and  by  chap- 
ter 64,  Laws  of  1890,  sec.  7.) 

InSPECTOK   of    VVkIGUTS   and   MliASUUES. 

Salary. 

§  12.  The  Inspector  of  Weights  and  Measures  shall  receive  an 
annual  salary,  to  be  fixed  by  the  Common  Council,  not,  however, 
exceeding  three  hundred  dollars,  and  his  duties  shall  be  prescribed 
by  ordinance.  He  shall  make,  under  oath,  at  least  quarterly,  a 
report  of  all  fees  and  moneys  by  hiin  collected,  with  the  date, 
person  from  whom,  and  the  amount  received,  and  pay  over  the 
same  to  the  Chamberlain  of  said  city. 

(As  amended  by  chapter  806,   Laws  of  1895,   sec.   13.) 

Other  City  Officeus. 
Salaries. 

§  i:>.  Eacli  district  physician  shall  receive  a  salary  of  four  hun- 
dred dollars  per  year,  and  shall  reside  in  the  district  for  which 
be  is  appointed.  The  Mayor's  clerks  shall  receive,  respectively, 
fifteen  hundred  dollars  and  nine  hundred  dollars  a  year,  and  each 
city  bell-ringer  sixty  dollars  a  year;  the  two  men  who  shall 
operate  the  Lawrence  street  bridge  shall  receive  such  compensa- 
tion during  the  season  of  navigation  as  the  Mayor  shall,  by  a  cer- 
tificate in  writing,  to  be  filed  with  the  Chamberlain,  from  time 
to  time  direct,  not,  however,  to  exceed  the  sum  paid  by  the  State 
of  New  York  for  similar  services. 


Private  Property  fou  Public  Use.         161 

TITLE  XVII. 

The  Taking  of  Private  Pkopertv  for  Public  Use. 

Common    Council   may   take   land  for   public   improvements. — 
Petition  for  street  opening. 

Section  1.  It  shall  be  lawful  for  the  Common  Council  of  the 
said  city,  whenever  it  shall  deem  it  necessary,  by  a  vote  of  two- 
thirds  of  all  the  members  elected  to  said  Common  Council,  to  be 
taken  by  yeas  and  nays,  which  vote  shall  be  entered  in  the  min- 
utes, to  take  within  the  city  any  ground  or  real  estate  with  the 
appurtenances,  belonging  to  any  person  or  persons  or  corpora- 
tron,  for  the  purpose  of  laying  out,  opening,  extending,  straighten- 
ing, widening  or  altering  any  street,  road,  avenue,  park,  square, 
wharf  or  slip,  or  for  the  puiiiose  of  laying  out,  constructing  or 
maintaining  any  drain,  sewer,  culvert  or  aqueduct,  or  for  any 
other  public  pui-pose  or  use.  Provided  no  ground  or  real  estate 
shall  be  taken  under  this  act  for  the  laying  out,  extending  or  open- 
ing of  any  street  or  avenue,  unless  a  petition  asking  for  the  same 
shall  have  been  presented  to  the  Common  Council,  duly  signed 
and  acknowledged  by  one  or  more  persons  owning  not  less  than 
one-third  of  the  number  of  feet  fronting  on  said  proposed  street 
or  avenue,  as  provided  by  section  twenty-nine,  title  three  of  this 
act  in  relation  to  filling,  forming  and  paving  streets  and  avenues. 
(As  amended  by  chapter  150,   Laws  of  1S91,   sec.  1.) 

Proceedings  to  acquire  title. 

§  2.  "When  said  resolution  shall  have  been  approved  or  duly 
passed,  notwithstanding  any  objections  made  by  the  Mayor,  the 
Corporation  Counsel  shall  cause  a  notice  to  be  published  twice  a 
week,  for  two  weeks  successively,  in  the  official  newspaper  pub- 
lished in  said  city,  specifying  and  describing  the  land  necessary 
for  such  public  improvement,  and  that  an  application  will  be 
made  to  a  special  term  of  the  Supreme  Court,  or  to  an  adjourned 
special  term  thereof,  held  at  cliambers,  in  the  Third  Judicial  Dis- 
trict of  the  State,  at  a  time  to  be  specified,  for  the  appointment 
of  commissioners  to  inquire  into  and  to  determine  and  award 
such  damages  and  compensation  to  the  owners  of  or  persons  inter- 
ested in  such  lands  to  be  taken  as  they  severally  will  be  entitled 
to  for  the  same.  The  said  Coi-poration  Counsel  shall  apply,  pursu- 
ant to  the  notice  above  mentioned,  for  the  appointment  of  such 
commissioners. 

11 


\G'2  ClIAIill-.li    f'F    I  III.     (II)     III-       \l.i:.\.\\. 

Commissioners  to  appraise  damages. 

§  .'!.  The  touit,  at  said  tcrin,  and  i»n  tin-  ilay  oi"  said  ai)plit.atiuu, 
sliall  appoint  tlin-e  disiutert'stcd  fitizi-us,  frotjholders  of  the  county 
III"  Ali»aii.v  and  icsidt'nl.s  uf  said  city  nr  i-uunty,  to  be  such 
cDniinissinurrs. 

Judge  to  be  disqualified. 

§  4.  N(i  .iud;;(>  of  tin-  Suiuvnn-  Court  sliall  Ik-  dis<pialitii'd  from 
fiftin;;  under  this  title  unless  it  shall  appear  l>y  ol»jo<*tion  taken 
In  the  proceeding  before  him  that  he  or  some  person  related  to 
him  witliiii  the  ninth  doj?roo  of  eonsjinnuinity  owns  or  i«  int«-r- 
ested   in    tlie  i)roperty   to  l»e   taken,   or  some  portion    thereof. 

Objections  and  challenges. 

§  5.  Any  objections  or  cl»allenj,M's  to  any  or  eitlier  of  tlie  per- 
sons so  appointed  must  lie  made  to  the  court  on  the  day  and  at 
the  said  term  of  said  court,  and  befoiv  the  iMitry  of  the  order, 
appoiiitin.i^  such  connnis.sionei-s,  and  any  ol)je(tlon  to  any  commis- 
sioner not  taken  at  such  time  shall  not  lu'  afterward  raised  In 
l)roceodinj;s  to  vacate  or  deidan-  voiil  or  illegal  any  i)roct'edin{;s 
liad  liereunder;  if  any  objections  or  cliallen^t'S  be  made  to  any  or 
either  of  the  persons  named,  the  court  sliall  summarily  liear  the 
same,  and  may,  on  said  day,  or  any  subsequent  day  to  which  the 
matter  may  be  adjourned,  appoint  another  or  other  commissioner 
in  place  of  the  person  tirst  named;  or  instead  of  any  or  all  of 
said  persons  desii^nated  wlio  may  fail  to  serve  or  qualify. 

Official  oath. — Notice  of  first  meeting. — Report  of. 

§  0.  Tlie  commissioners  shall  take  and  subscribe  the  oath  pre- 
scribed by  the  twelfth  article  of  the  constitution;  any  of  them 
may  issue  subpoenas  and  administer  oaths  to  witnesses;  a  majority 
of  them  may  adjourn  from  time  to  time,  in  their  discretion.  They 
shall  give  public  notice,  by  a  notice  to  be  publislied  daily  for  ten 
days  in  the  oflicial  newspapers  of  said  city,  of  the  time  and  place 
of  their  first  meeting.  They  shall  view  the  premises  described 
in  the  notice  ard  applicaticn  for  the  appointment  of  commission- 
ers, and  hear  the  proofs  and  allegations  of  the  parties,  and  reduce 
the  testimony,  if  any,  taken  by  them,  to  writing.  They  shall 
make  a  report  of  their  proceeding  to  the  Supreme  Court,  with 
the  minutes  of  testimony  taken  by  them,  if  any;  and  in  said 
report  shall  state  the  amount  of  compensation  and  damage  which 
ought  justly  to  be  paid  by  the  city  of  Aljbauy,  and  which   they 


Pkivatk  Property  for  Public  Use.         163 

have  awarded  to  the  owner  or  ownei-s  or  i)ersons  interested  in  the 
real  estate  so  to  be  taken. 

Notice  of  application  to  confirm  report. 

§  7.  Sudi  report  Ix-iiig  made  by  said  cnuimissioners,  the  Cor- 
poration Counsel  shall  cause  a  notiee  to  be  published  in  the 
otlicial  newspai>ers  of  said  city  fur  ten  days  that  said  report  shall 
be  prtrseuted  to  the  Supreme  (.'ourt.  at  a  Special  Term,  or  an 
adjourned  SiK.'cial  Term,  held  at  chambt-rw  in  said  Third  Judicial 
District,  to  be  in  said  untice  desjiguated,  and  the  court  shall  there- 
upon hear  all  objections  made  to  said  report,  and  consider  and 
decide  upon  the  same,  and  may  conlirm  or  modify  said  report,  or 
may  send  the  same  back  to  th<'  commissioners  for  such  further 
action  on  their  part  as  s\m.\\  Im?  proper,  and  shall  make  an  order 
containing  a  recital  of  the  .substamo  uf  the  proct-edings  in  the 
matt<-r  of  thf  application  and  a  dfscription  ot  the  real  estate 
apprai.sed  for  which  compt-iusation  is  to  be  made.  Nothlnp:  herein 
coiitainL'*!  shall  in  any  way  affrct  any  pr<»cc«Mlin>js  now  pcndinpr. 
(As  amended  by  chapter  286,  I..awa  of  1891,  sec.  34.) 

Certified  copy  order  to  be  recorded. 

S  8.  A  certilitHl  copy  of  the  order,  etc.,  made  as  aforesaid,  shall 
be  recorded  at  full  length  in  the  Clerk's  otflce  of  Albany  county, 
and  thereui>on  and  U|)on  payment  or  deposit  of  the  sum  to  be  paid 
as  o>mp«'ti.sation  tlu«  city  of  Albany  shall  be  iMitltled  to  enter  upon 
and  Ik- Mcizi'd  of  tiip  U'v  of  tlir  nal  otiti"  su  t:ik<  n  as  afon-said.  for 
said   public  ILsr. 

Statement  of  costs  in  proceedings  to  ac(|uire  land. — ^Taxation  of 
costs. — Payment  thereof. 

§9.  Aftt-r  Kaid  ordi'r  of  conlirmatiuii  has  been  granted,  the  Cor- 
poration Counsel  shall  prepare  a  statement  of  the  costs,  expenses 
and  disbui-  f  the  pr<M'c»*d:ngs.  including  the  compensation 

lit  said  iM.'i  i-s,   which  compensation  shal'  not  exceed  ten 

ilollars  for  each  comnii.ssloncr,  for  each  and  every  day  on  which 
the  work  of  the  commii^sion  nhall  be  transacted  in  the  taking  of 
evidence,  the  viewing  of  the  pretni.ses  and  in  consultations  after 
the  evideniv  has  been  taken,  but  not  to  include  days  upon  which 
adjournments  merely  shall  t.ike  place,  and  not  exceeding  for  the 
eitmmissioners  collectively  the  sum  of  one  thousand  dollars,  and 
the  same  may,  after  a  similar  notice  to  that  prescribed  in  section 
seven  of  this  title  shall  have  been  publislied,  that  such  taxation 


1(J4  Charter  of  the  City  of  Aluasy. 

will  tnk«'  place  at  a  tJnn'  and  plaw  In  said  notice  to  be  mentioned, 
l)i>  taxi'd  and  adjusted  by  any  Judtfe  of  the  Supreme  Court  In  the 
Tlilnl  Judicial  district,  or  any  Special  Tenii  of  said  court  In  said 
district.  The  Chaiubcrlaln  <>f  said  city  Is  authorized  and  dlrivted 
to,  and  upon  ami  after  such  taxation  and  adjustment,  shall  pay 
the  said  costs  and  expenses  and  dUbursementa  as  taxe«l  ami 
adjustc<l. 

(As  amended  by  chapter  M,  I.aws  of  1890,  sec.  9.) 

Certified  copy  order,  etc..  to  be  furnished  board  of  contrart, 
assessment,  etc. 

§  10.  A  certified  cf>py  of  such  order  of  conllrination,  tofji-tln-r 
with  a  certllkMl  copy  of  said  costs,  dlsbursemeuLs  and  expenseet  as 
taxed  and  adjusted,  shall  be  furnished  by  the  Corporation  Counsel 
to  the  Clerk  of  the  Board  of  Contract  and  Apportionment,  and  said 
Board  of  ('ontract  ami  Apportlonnx'nt  shall  thereupon  prt>oee<l  to 
assess  and  apportion  the  amount  of  said  awards  and  compensation 
with  Interest  thereon,  and  .said  costs,  disbursements  and  expenses 
as  taxed,  toKetluT  with  such  rea-sonable  Incidental  costrt  and 
expenses  of  making  and  col|i>ctlnK  salil  assessments,  as  salil  l)oard 
may  determine  will  be  necfwsarj',  upon  all  the  real  estate  by  said 
board  deeme<l  to  be  benefited.  In  the  same  manner,  and  with  the 
same  efTeot,  as  other  ass««^•sInents  and  apportionments  are  made 
by  .said  board;  and  afti-r  thr  .same  notlfe  to  be  ;,'ivfn  to  \\w  persons 
likely  to  be  and  to  be  a.sseissed  as  Is  prescribed  as  to  other  assess- 
ments made  by  said  board,  and  the  same  shall  1)0  collectwl  and 
enforced  as  In  this  act  provided  for  the  collection  of  assessments 
made  by  said  Board  of  Contract  and  Apportionment. 

Not  to  affect  pending  proceedings. 

§  11.  Nothinj:  in  this  title  contained  shall  afTeet  any  proceedings 
now  pending,  all  of  which  shall  proceed  tinder  the  law  existing  at 
the  time  of  their  commencement;  nor  shall  any  of  its  provisions 
apply  to  any  proceedings  to  acquire  title  to  lands  to  be  taken  for 
tho  extension,  enlargement  or  in  anywise  for  or  In  connection  with 
the  Washington  park  in  said  city. 

Certificates  of  awards. — Deposits  of  certificates  and  money  in 
bank. — ^Tax  for  unpaid  awards. — ^Transfer  of  balance. — 
Interest. — Publication  of  notice  of  deposit. 

§  12.  Upon  the  confirmation  of  the  report,  the  Chamberlain  shall 
deliver    to    each    person    to    whom    an    award    is  made,  or  he 


PlilVATE    I'noPERTV   t'Oli    PlBLIC   USE.  165 

shall  deposit,  as  is  lit-reiuafter  provided,  a  certificate  iu  writiug. 
descrlbiiig  the  property  taken  as  it  is  described  in  the  said  report, 
and  statintj  the  i>ersun  to  whom  the  award  is  made,  and  the 
amount  of  such  award,  and  acknowledging  an  Indebtedness  on  the 
part  of  the  city  to  the  pei-son  therein  named  In  the  amount  of  such 
award  and  interest  thereon  from  the  date  of  such  coutirmation. 
Such  certillcate  shall  also  state  that  it  is  payable  on  the  first  day 
of  February  following  the  adoption  of  the  then  next  annual  tax 
budget  of  the  city,  unless  sooner  paid  by  said  city  from  the  moneys 
collecteil  upon  the  as*ii-«;snient  made  by  the  said  Board  of  Contract 
and  ApiMjrlioumeut  for  the  puri)ose  of  paying  such  award.  In  the 
case  of  unknown  owners  the  Chamberlain  shall  (and  as  to  any  or 
all  of  said  real  estate  which  the  Chamberlain  may  elect,  he  m:iy) 
deposit  sihli  certificates  In  the  bank  «lesignatetl  for  holding  such 
monej'h.  and  when  moneys  are  collected  fn>m  the  assessment  he 
shall  deposit  such  moneys  to  the  requlrwl  amount  In  said  bank  and 
take  up  said  certificates.  The  Common  Council  shall  Include  In 
the  next  tax  budget  the  auKjunt  of  such  awards  and  interest  as 
aforesaid  then  remaining  unpaid,  and  when  collected  such  sums 
shall  bo  paid  to  those  parties  holding  such  certificates  or  deposited 
for  the  puri>ose  of  taking  them  up  as  Is  herein  provided.  And  upon 
payment  or  the  deposit  of  the  money  therefor  all  liability  on  the 
part  of  the  city  shall  eease.  And  when  the  balance  of  the  assess- 
ment shall  be  paid,  the  muney  arising  therefrom  shall  l»e  trans- 
ferred to  the  contingent  fund.  No  certificates  shall  draw  Interest 
for  a  longer  time  than  until  the  first  day  of  February  following  the 
adoption  of  the  annual  tax  budget  next  after  the  date  of  the  cer- 
tificate, nor  for  a  longer  time  than  up  to  Its  payment.  In  case  of 
any  deposit  being  so  made  notice  of  the  same  shall  be  Immediately 
published  by  the  ChamlK-rlaln  of  the  city  In  the  official  papers  for 
ten  days,  specifying  the  name  of  the  person  to  whose  credit  said 
depoeit  has  In'en  made,  or  In  a  genenil  way  a  designation  of  the 
real  estate  for  which  It  Is  made  and  the  amount  thereof,  and  In 
what  bank  depotslted. 

(Ab  artipnded  by  chapter  W,  Laws  of  1890.  sec.  10.) 

Owners  to  prove  title. 

{  13.  In  order  to  determine  to  whom  or  to  whose  credit  such  pay- 
ments or  deposits  shall  be  made,  It  shall  be  the  duty  of  the  owner 
or  owners  of  any  property  taken  as  aforesaid  to  prove,  to  the  satis- 
faction of  the  commissioners,  their  title  to  the  premises  taken,  or 
any  part  thereof,  before  the  report  of  the  commissioners  shall  be 


KiG  Chautkk  of  Tilt:  City  of  Albam'. 

couflrmeil;  and  If  ajiy  owner  uetfli^t'ts  to  prove  bis  or  her  title  to 
the  prembjos  taken,  or  If  there  lie  any  quentlon  as  to  the  title,  or 
as  to  any  Hens  or  Incunibraneert  on  any  of  wild  real  estate,  the 
amount  of  the  award  for  siuh  real  estate  shall,  neverthelesB,  be 
depositoil  as  aforesaiil,  to  the  credit  of  such  real  estate,  to  be  paid 
either  wholly  or  in  part  to  such  person  or  persons  as  shall  by  the 
order  of  said  court,  or  a  Judne  thereof,  upon  notice  to  the  Oorpom- 
tlon  Counsel,  be  declared  to  be  entitled  thereto;  and  If  any  such 
owner  or  person  interestetl  Is  au  Infant,  the  siild  court  may  author- 
ize the  amnunt  iR-loiiKinK  to  said  Infant  to  be  paid  to  his  or  her 
guardian  or  trustee,  who  has  given  or  shall  give  eatlsfactorj- 
security  to  account  to  the  said  Infant  for  and  pay  over  the  same. 

Fact  of  infancy  to  be  stated  and  money  paid  on  order  of  court 
or  judge. 
§  14.  If  the  amount  belon;;ing  to  an  Infant  Is  deposited  as  afore- 
«iald,  the  fact  of  siich  Infancy.  If  known,  shall  be  statiil  In  the 
entry  of  such  deixvsits  upon  the  bo<jks  of  the  bank  where  the  same 
shall  be  made,  and  the  amount  ileposlted  shall  not  be  paid  to  the 
guardian  or  trustee  of  said  Infant  until  an  order  of  the  said  court 
or  Judge  Is  obtained  authorizing  such  payment 

In  case  of  incumbered  property,  «ourt  or  Judge  may  order  money 
applied  on  incumbrances. 
§  15.  If  It  shall  appear  to  the  said  court,  or  Judge,  that  the  title 
to  any  part  of  the  said  premises  taken  and  for  which  any  award 
wafi  made  was  subject  to  any  Incumbrance  or  Incumbrances,  at 
the  time  of  the  confirmation  of  the  said  report  of  the  court,  the 
said  court  or  jud^e  may  order  that  the  amount  of  the  said  award, 
or  so  much  thereof  as  may  be  necessary  to  satisfy  said  incum- 
brances, be  paid  to  the  party  or  parties  holding  the  same,  accord- 
ing to  their  respective  rights,  or  be  deposited  to  their  credit 
respectively,  in  like  manner  in  all  respects  as  aforesaid,  unless  the 
owner  or  owners  of  said  premises,  or  any  of  them,  shall  object  to 
any  such  payment  or  deposit,  in  which  case  such  amount  shall  be 
deposited  to  the  credit  of  the  clerk  of  said  court,  subject  to  be  paid 
out  only  on  the  order  of  said  court  on  a  settlement  of  the  rights  of 
the  parties.  And  the  said  court  or  judge  shall  proceed  without 
delay  to  determine  the  rights  of  the  said  incumbrancers,  and  shall 
make  such  rule  or  order  as  may  be  equitable,  and  according  to  the 
rights  of  the  several  parties;  and  if  any  of  the  parties  concerned 
are  dissatisfied  with  any  decision  or  order  of  the  said  court  in  the 


PiiiVATK  pRopt:Rrv  FOR  Public  Use.  16  < 

premist*.  such  party  or  parties  may.  witbia  ten  days  thereafter, 
file  bis  or  ber  exceptiuu  to  tbe  same,  ami  thereupon  an  issue  may 
bo  made  up  an<l  tried  in  said  eourt  to  di-t.-niiine  the  rights  of  all 
or  any  of  the  parties  in  that  U-half.  upon  which  the  said  court 
shall  n-ndcr  judtjmeut  as  In  other  cases. 

Bales,  etc. 

§1»;.  The  said  court  n.:iy,  ir..:..  tun-  lo  time,  make  such  rules 
and  regulations  relating  to  the  ju-actice  and  proceedings  In  said 
matters  under  this  title  as  shaU  be  dei-med  proper. 

Buildings  may  be  sold  to  highest  bidder. 

jlT.  II  shall  be  lawful  for  the  said  Conunon  C.uncil  to  order 
and  direct  the  buildings  and  any  other  structures  standing  on  any 
lot  or  lotu.  or  other  n>al  estate  which  shall  have  been  acquired 
and  tak.n  as  aforesaid,  for  any  of  the  purposes  aforesaid,  to  be 
removed  or  M.ld  at  auction  to  the  highest  bidder,  on  giving  ten 
day.*  notice  In  the  otlldal  papers  of  tbe  city:  the  expense  of  such 
gale  and  removal  to  b».  paid  by  the  purchaser,  or  out  of  tbe  pro- 
ceeds of  said  sale,  and  tbe  balance  to  be  paid  into  the  city 
treasury. 

In  case  of  payment  by  mistake  parties  entitled  may  bring  suit. 
I  18  In  ca«e  any  sum  or  ^ums  which  shall  have  bei-n  awarded 
as  aforesiild  shall  be  paid  by  the  said  Common  Council  through 
mistake  to  any  in-mon  or  ihtsous  who  Is  or  are  not  legally  entitled 
thereto  It  shall  be  lawful  for  the  jK-rson  or  pers^^ns  who  shall  be 
legally  entlthHl  thereto,  hte  or  their  helr«.  executors  or  adminis- 
trators, or  for  the  said  city  of  Albany,  to  sue  for  and  rt^^over 
the  san.c  with  lawful  Intcn-t  and  costs  of  suit,  from  the  person 
who  shall  have  recelvt^l  such  sum  or  sums.  In  an  action  for  money 
had  and  rec-elved  to  hh*  or  their  use. 

When  lease  to  be  in  whole  or  in  part  discharged. 

§  11>  In  all  cas.s  when-  the  whole  of  any  lot  or  other  real  estate 
which  Is  subject  to  a  lease  or  other  ajn-t.-ment  «hall  be  nMiuln-d 
and  tak,n  bv  the  said  Common  O.uncll  for  any  of  the  purposes 
aforesaid  all  tbe  covenants  and  stipulations  contained  In  such  lease 
or  agn-ement  shall,  upon  the  .ontirmatlon  of  such  report  a^  afore- 
Mld  bv  the  said  court  or  judge,  cease,  determine  and  be  absolutely 
discharged:  and  In  all  cases  where  a  part  only  of  such  lot  or  other 
real  estate  shall  be  required  and  taken  ais  aforesaid,  the  covenanta. 


H)H  Cl/AKTKK    OF    IIIK   ('iTY    OF   AlUASY. 

contracts  and  Rtlpulatlons  shall  ceai»t',  detiTiulne  and  bt*  ab»olut»'Iy 
dlaeharKtHl,  so  far  only  as  nlatt's  to  such  part;  and  It  nball  be 
lawful  for  th»'  said  court  or  Judno.  upon  the  application  In  writing 
of  either  the  landlord  or  tenant,  or  th«'  party  Interested  In  the  part 
of  such  lots  or  real  estate,  to  appoint  three  dUlntiTiwted  fn-'holdrrB 
of  the  Bald  city,  to  determine  the  rcnta  to  be  thereafter  payable, 
by  virtue  of  such  lease  or  aRrwiuent.  for  the  residue  of  such  lot  or 
real  estate  which  shall  be  rrqulred  and  taken  n»  aforesaid;  and 
the  detenninatlon  In  wrltlnjr.  under  the  hands  of  the  person*  to 
appointed,  or  any  two  of  thenj,  on  Ik-Iuk  conllnntHl  by  the  said 
court  or  Judge,  Hhall  be  conclusive  and  binding  on  all  parties  who 
may  be  Interestinl  In  the  part  of  ^uch  lot  or  other  real  estate 
requlntl  and   takt-n  as  aft)rt*ald. 

Streets,  etc.,  open  for  five  years  to  be  public. 

S  20.  All  streets,  avenues  and  alleys  In  said  city  which  have  been 
or  may  be  thrown  ojK'n  to  public  use.  and  have  been  or  may  l)e 
used  as  such  for  live  years  continuously,  shall  be  deemed  and 
taken  to  be  public  street*,  avenues  and  alleys;  provided  that  the 
Common  Council  Hhall.  by  a  vote  of  two-thirds  of  all  the  members 
elected  thereto,  accept  such  streets,  avenues  and  alleys;  and  the 
city  of  Albany  and  the  Common  Council  thereof  shall  have  all 
Jurisdiction  and  |K)wer  In  respect  thereto,  the  same  as  If  euch 
streets,  avenues  and  alleys  had  U'en  or  shall  be  openiil  by  pro- 
ceedings had  for  that  purixise  under  the  provisions  of  this  act. 
(Added  by  chapter  286.   Laws  of  1891.  sec.  Jl.) 

Damages  from  alteration  of  grades. — Notice  of  application  for 
commission. — Commissioners,  qualifications  and  duties. — 
Apportionment  and  assessment. 
§21.  Whenever  the  Common  Council,  by  law  or  oniinanci'  duly 
enacted,  shall  alter  the  pitch,  level  or  grade  of  any  street  In  said 
city  to  the  damage  of  any  person  being  the  owner  of  any  building 
or  other  structure  upon  the  lot  abutting  such  portion  of  the  street, 
any  such  person  may,  by  giving  the  notice  required  In  and  by 
section  tw«  of  this  title,  which  notice  shall  specify  and  de>x;rlbe 
by  metes  and  bounds  the  lands  on  which  euch  building  or  other 
structure  is  situated,  shall  contain  a  brief  description  of  such 
building  or  other  sti-ucture,  and  also  a  reference  to  such  ordinance 
and  the  date  of  its  passage,  and  upon  serving  a  copy  of  such 
notice  upon  the  Corporation  Counsel  of  the  city  of  Albany,  at  least 
ten  days  prior  to  the  date  of  the  hearing  specified  therein,  apply 


I'HivATK  Property  for  Plulic  Use.         I(j9 

to  the  Supreme  Court,  in  the  mauner  in  said  section  provided,  for 
the  api»olntmi-ut  of  three  com  s    who  shall   possess   the 

same  qualifications  and  who  sh  •  -1  In  the  same  manner  as 

In  gectlong  three,  four,  five  and  six  of  thi/^  title  prescribed,  and 
shall  apjKjrtlon  and  award  tlio  daraases  and  recompense  which  any 
owner  of  any  such  house  or  lot  shall  sustain  V»y  reason  of  the  alter- 
ation of  any  established  pitch  or  prade  of  any  street,  and  after 
such  award  sliall  have  been  conflrmed,  and  the  c<wts.  disburse- 
menu  and  exi)ensw»  shall  have  been  adjusted  by  the  Supreme 
Court.  a.H  in  thi^       '  'ill  apportion  and  assefis  such 

damajcH  and  n         .  -    with  the  cost  of  proceedings, 

upon  the  owner  or  owners  of  all  the  houses  and  lots  of  grotind 
which  are  l>enentM  by  such  alteration  of  the  pitch,  level  or  jjrade 
of  Kuch  street.  Said  apiH>rtlonment  and  assessment  shall  be 
returned  to  the  Suprmie  (>)urt  for  confirmation,  after  jflvlnjj  ten 
days"  pnvIouH  ootice.  In  writing,  of  the  time  whou  an<l  the  place 
where  an  application  therefor  shall  be  made  to  the  owners  or 
occupants  ..f  th-  .         ,       .  ..         ,,  ^ai,i  asB.-ss- 

raent  shall  U.  a  1  In.  and  shall 

be  collectet!  by  the  Chanil>erlaln  In  the  same  manner  as  In  the 
act  provld.Ml  for  the  collection  '  •'  -  rwstvsments  nrwi  u.t-.rtinn- 
ments. 

(Added  by  chapter  a«.  Lawb  of  1»I.  bcc.  SI.) 

Pay   of  Commlssloneri. — Clerk. 

j  oo    And  •  sliall  I"'  paid  for  lii- u    :•- i  >  !■  <^ 

at  a'rate  i.  rs  i^r  day.     The  Clerk  of  the 

Board  of  Contract  and  Apportionment  shall  1h>  the  clerk  of  the 
ga'.'  ...    -     nnd  shall  -'■  ■  —  — '■  "'>■<«"•  ativ  :i,l.l!tlonal 

(Added  by  chapter  2M.  Laws  of  l»l.  •««.  31.) 
Owner  liable  for  costs  and  expenses.— Award,  how  paid. 

f  2:?.  In  cas«.'  said  a.«*sessment  and  apportionment  shall  not  be 
confirratsl  by  the  court  to  which  tho  same  is  presented,  or  Is  not 
referred  back  to  the  same  or  oth.  rs  for  a  rehearing 

or  further  report,  or  In  case  said  •.  -  "hall  report  that 

thi?  owner  of  such  property  is  not  entitled  to  the  award  of  any 
j1  ,  h  owner  shall  Ik?  liable  for  the 

(„.,  f  such  proceedings,  which  when 

adjusted  as  In  section  nine  of  this  title  provided,  shall  be  a  lion 
upon  the  house  and  lot  of  land,  or  either,  so  alleged  to  have  been 


170  <'iiMnt:i{  OF  Tiik  i'nr  of  Alhasy. 

duiuuged.  and  sliall  be  collected  by  the  Chamberlalu  as  herein 
bufore  provld.d  In  the  case  of  lots  of  t,M*'>uu<l  beiiellted.  TLi-  award 
and  recompense  awarded  «hall  In  all  i-asts  be  paid  out  of  tlie 
assoHsments  collected  by  the  Chamberlain  and  not  otherwlwe. 

(Added  by  chapter  28«.  Law«  of  18D1.  soc.  SI.) 
When  buildings  or  lots  deemed  Injured. 

§lil.  And  It  Is  hen-by  further  provided  that  no  building  or  other 
strut-'ture.  or  the  lot  of  land  on  whlrh  It  Is  situated,  shall  be 
deemed  to  have  been  Injured  by  such  change  of  grade,  unless  said 
house  or  stnicture  shall  have  Iwen  built  with  reference  to  or  said 
lot  shall  have  confonncd  with  the  previously  existing  gnide. 

(Aflded  by  chnrt^r  2S«.  T^ws  of  1S91,  i"-'    "»'  > 

TITM;  XV III. 

(lENKUAr.    ril<>\  |!^I<.\S. 

Officers  not  to  receive  perquisites  except  in  cases  named 

Section  1.  No  officer  of  the  city  government  shall  have  or  receive 
any  perqul.-iltes  or  any  compensation  or  romnil^slon  for  services 
pertaining.  dlrecUy  or  Indirectly,  or  which  may  hereafter  be  added 
to  the  duties  of  his  office.  In  addition  to  his  salary,  except  as  ta 
herein  otherwise  provided. 

(As  amended  by  chapter  80«.  Laws  of  1895,  sec.  15.) 

Official  bonds. 

§2.  All  officers  or  other  persons  who  shall  l>e  intnusted  with  the 
receipt  or  expenditure  of  money,  or  any  other  pi»perty  of  the  city 
of  Albany,  shall,  before  entering  ui>on  such  duty  or  trust,  give 
sufficient  security  for  the  faithful  performance  of  their  respective 
duties,  in  such  form  and  amotmt  as  the  <'oinmon  Council  may  pre- 
scribe, which  security  shall  be  renewed  whenever  the  Mayor  and 
Common  Council  shall  deem  it  advisable  for  the  pul)lic  interest. 

No  additional  allowance  to  be  made. 

§  3.  No  additional  allowance,  beyond  the  legal  dairi  which  exists 
under  any  contract  with  the  corporation,  or  for  any  services  on  its 
account  or  in  its  employment,  shall  ever  be  allowed. 

Bids  not  to  be  accepted  from  persons  in  default. 

§  4.  No  bid  shall  be  accepted  from  or  contract  awarded  to  any 
person  who  is  in  arrears  to  the  corporation  upon  debt  or  contract, 
or  who  is  a  defaulter,  as  surety  or  otherwise,  upon  any  obligation 
to  the  corporation. 


GEyEKAL  Provisions.  17 L 

Penalty  for  bribery  or  attempt  to  bribe. 

S  5.  Everj'  pcrsou  who  shall  promise,  offer  or  give,  or  cause,  or 
aid,  or  abft  iu  causiug  to  be  promised,  offered  or  giveu,  or  furuish 
la  whole  or  lu  part,  to  be  promised,  offered  or  jjiveu  to  any  mem- 
ber of  the  Common  Council,  or  auy  ollicer  of  the  city  of  Albany, 
after  his  election  or  appointment  as  such  mejuber  or  officer,  or 
before  or  after  he  shall  have  qualitieil  and  taken  his  seat,  auy 
iMOueyw,  yoo<ls,  right  in  action  or  other  property,  or  anythiug  of 
value,  or  auy  pecuniary  advantage,  preseiU  or  prosi)ective,  with 
iuteut  to  influence  bis  vote,  opinion.  Judgment  or  action  on  auy 
question,  matter,  cau.se  or  prooee<llng  whieh  may  be  then  pending, 
or  may  by  law  be  brought  before  him  In  his  official  capacity,  Bhall. 
ii[K>n  conviction,  l>e  lmprli»ou«Hl  In  a  iK'iiltentlary  for  a  term  not 
eice<lliig  two  years,  or  shall  be  lined  not  exceeiliug  live  thoiusand 
dollaix,  or  both,  in  the  discretion  of  the  court. 

Penalty  for  accepting  gift  on  underiitanding  or  agreement  to 
vote,  etc. 
J  G.  Kvery  member  of  tue  ».<»uiui'iu  <  <iiiiit.:u  or  oiiivi-r  ui  lu'-  >  ii,> 
of  Albany  who  shall  accept  any  gift  or  promUe,  or  undertaking 
to  make  the  same,  under  any  agreemeut  or  uudersttinding  that  his 
vote,  opinion.  Judgment  or  action  shall  be  lutlueuced  thereby,  or 
shall  be  given  In  any  question,  matter,  cause  or  procetidlug  then 
pending  or  which  may  by  law  be  bnm.  ;•-•  him  in  his  official 

capacity,  hhall  Upon  conviction,  be  d.  1  from  holdiug  auy 

public  office,  trust  or  appointment  undiT  the  city  of  Albany,  and 
shall  forfeit  his  office,  and  shall  bo  punished  by  Imprisonment  In 
the  penltentiarj'  not  excedlug  two  years,  or  by  a  line  not  exceding 
live  thousand  dollars,  or  l>oth.  In  the    '  of  the  court.  Kverj- 

I>ersou  offending  against  either  of  t!  .  -ions  of  this  or  the 
preceding  section  shall  be  a  competent  witness  against  any  other 
I><-rs«»n  offending  In  tlie  same  tninsxiction.  and  may  b».'  compelleil 
to  .-ipiK-ar  and  give  eviilence  before  any  gran«l  Jury,  or  In  any  court. 
In  the  same  manner  as  other  jM'rson.s;  but  the  testimony  so  given 
shall  not  1m»  used  In  auy  prosei-ution  •"•  -.'-."•.  .-!i>iir  ..lyi]  or  crimi- 
nal, against  the  person  so  testifying. 

Penalty    for   willfully   violating   this   act   by   city   officers   and 
employes. 

S  T.  Any  officer  of  the  city  goveniment.  or  any  person  employed 
in  Its  service  or  paid  from  the  city  funds,  who  shall  be  adjudged 
in  any  action  or  proceeding  pending  in  any  court  of  record  to  have 


172  CUANTKU    OF   THE   ClTV   OF  .\Ht.\SY. 

willfully  violated  or  evaded  any  of  Uie  provlslous  of  tlila  act,  or 
coiumltti'd  any  fraud  uimjii  the  city,  or  cunverted  any  of  the  public 
property  to  his  own  use,  or  knowiujjly  periulttetl  any  other  pt-rson 
so  to  convert  It,  shall  be  denied  guilty  of  a  ujlsdenieanor,  and.  In 
addition  to  thepenultirs  InijHised  l>y  law. shall  f»irfeit  his  olliceand 
be  excluded  thereafter  from  receiving  or  holding  any  otlice  under 
the  city  (if  Albany.  Such  forfeiture  shall  imly  take  place  after 
conviction  of  the  uilsdtMueanor  or  an  ailjudicatlon  in  8<tnie  action 
or  proceeding  to  which  such  officer  shall  be  a  party,  and  In  which 
the  question  of  his  violation  of  duty  shall  lie  passed  upon.  In 
which  latter  case  the  Judgment  then-In,  in  atldltion  to  any  other 
provisions  proi>er  to  the  decision  of  the  action  or  prw^eeding,  sliall 
also  adjudge  that  such  otTlcer  has  forfelte<l  his  ofllce,  and  Is  there- 
after disinialifle<l  from  receiving  or  holding  any  ofllce  under  the 
city  of  Albany. 

False,  swearing,  perjury. 

§8.  Any  person  who  shall  willfully  swear  falsely  to  any  material 
matter  In  any  oath  or  alllnnation  requlre<l  by  this  act  shall  be 
giillty  of  perjury,  and  where  by  the  general  laws  of  the  State  any 
different  or  greater  punishment  Is  prrscrilu'd  for  any  offense  in 
this  act  mentioned  the  person  guilty  of  such  oITense  shall  be  con- 
victed and  punished  as  in  such  general  statutes  prescribed. 

Street  surface  not  to  be  broken  without  permit. 

§  9.  It  shall  be  unlawful  for  any  pers4in  to  break  the  street  sur- 
face for  any  purpose,  or  to  make  connections  with  any  street 
drain,  sower,  culvert  or  basin,  or  to  occupy  any  street  for  build- 
ing purpo.ses.  without  flrst  having  obtalnetl  a  permit  therefor  from 
the  Street  Ckmimissloner. 

Bond  required  before  permit  is  given. 

§  10.  The  Street  Commissioner  shall  require  from  all  persons 
applying  for  permits  to  use  the  streets  for  drain  or  building  pur- 
piTf.es  a  bond  in  such  penal  sum  as  he  shall  direct,  conditioned  to 
indemnify  and  save  harmless  the  city  of  Albany  from  all  cost, 
loss  or  damage  the  city  of  Albany  may  sustain  or  become  liable 
for  on  account  of  any  accident  or  otherwise,  occasioned,  directly 
or  indirectly,  by  the  work  done  under  or  pursuant  to  such  permits. 

Coverings,  sluice-ways,  etc..  to  be  kept  in  good  repair. 

§  11.  All  persons  or  corporations  maintaining  a  covering,  sluice- 
way or  surface  drain  at  any  street  crossing,  or  at  the  terminus  of 


Geseral  Pjiovisioys.  173 

my  strwt.  shall  keep  all  such  coverings,  sluice-ways  or  surface 
Irains  in  good  repair,  and  shall  alone  be  held  liable  for  any 
■  laiuage  to  persons  or  proper'N  .lii.  ,tly  .,i-  iii.lir.-ctly  caiL-Jed  by  the 
>aine. 

Horse  railroad  companies  to  keep  tracks  paved,  etc. 

§  12.  It  shall  be  the  duty  of  all  horse  railroad  companies  to  cause 
that  part  of  the  street  and  paveouent,  throughout  the  city,  upon 
whitli  thrir  tra<ks  an-  laid,  lying  between  the  outer  rails  of  said 
tracks,  hf  the  b-ain*-  double  or  single,  to  be  properly  cleaned,  swept 
or  scrap«"«l,  and  the  dirt  or  manure  or  other  rubbish  to  be  collected 
In  heap-s  convenient  to  be  carted  Avrtiy  at  such  times  as  now  or 
may  hereafter  from  time  to  time  be  prescribed  by  tlie  Chief  of 
Police. 

In    keeping    tracks    clear    of    snow    streets    not    to    be    made 
impassable. — In  case  of  refusal  Chief  of  Police  to  do  work 
and  expense  to  be  assessed  on  company. 
i  i;{.  Kv.-ry  street  rallnmd  company  operating  a  nillway  in  tlie 
city  of  Albany,  In  cJeaulng  snow  or  Ice  from  its  tmcks,  sliall  not 
n  iMler  the  street  or  streets  Impassable,  bot  shall  remove  the  same 
sn  as  not  to  leave  any  extra  snow  or  Ice  on  either  side  of  the 
tnuks  in  Kuch  wl.se  as  to  creat*'  an  uneven  grade  along  the  line  of 
said  tracks  on  either  side:  and  the  snow  or  Ice  removetl  from  said 
tracks  in  cleaning  the  »ame  shall  be  removed  from  the  street  or 
stn>«'ts.     If  any  niilnwid  c:  "ill  refiuw.  negli-ct  or  delay  to 

do  the  work  lierein  requir.  iief  of  rollce  shall  cause  the 

said  work  to  Im?  done  and  ^llall  certify  to  the  Chamberlain  the 
expense  thereof.  Tlie  Chamlx'rlaln  shall  pay  such  amount  and 
Hlmll  forthwith  nie  a  statement  of  the  expense  thereof  with  the 
Hoard  of  C4>ntract  and  .\pportlonnient  to  the  end  that  said  expense 
may  be  asst«.'*<'«I  and  colleof«Nl.  and  the  Hoanl  of  Contract  and 
.\pportionu>ent  are  hereby  emjwwered  to  assess  said  expense  on 
said  company,  in  the  manner  provided  by  title  ten  of  this  act,  and 
oi)Ilect  t!if  s;uno  by  «Mit  ..r  r>t!i.'rwiM«,  In  the  name  of  the  city  of 
.Mbnny. 

(As   am-ri  !•••!    >■>    ■  t.ii.f  r    -'•     i*tws  of  1895,   Bee.   l?.) 

Persons  presenting  claims  to  use  their  own  names — Penalty  for 
violation  of  this  section. 
$  14.  All  persons  presenting  bills  for  paj-raent  of  claims  against 
tlie  fity   or   any    l)oanl   or   connnission    therof    shall    use    their 


174  CiiAuiHu  OF  Tilt:  C/iy  of  Alhasy. 

own  iiaiiics  ur  tin-  naiiitts  of  tht'  flriii  of  which  they  are  in»'m- 
bcrs.  If  any  pi-rsoii  shall  use  a  iiaiiu'  (ithrr  than  hie  own.  or  that 
of  tht'  linn  of  which  lu-  Is  a  incinhor,  he  shall  bi?  guilty  of  a  inls- 
denioanor,  ami  any  nionilx-r  of  any  boanl  or  coininlsslou,  or  any 
olHcMM-  of  thf  city,  who  shall  knowingly  pa^s,  audit  or  jiay  any 
such  claim  shall  be  Kuilty  of  a  like  offcnso.  The  Chainberlahi, 
uiMMi  receipt  of  a  complaint  umler  oath  and  In  wrltlnjr,  signed  by 
any  citizen,  statins  that  he  has  reason  to  believe  that  any  nlej;al 
claim  has  been  ineseiited,  shall  withhohl  payment  of  the  claims 
dt^signated  until  salislied  they  should  be  paid.  Willful  false 
swearing  on  such  complaint  shall  be  deemed  to  be  perjury. 

Manufacturing  companies,  taxation  of. 

§1").  .Ml  miuiufacturlnj;  corijorations  actually  located  and  doing 
btisini-fis  in  the  city  of  Albany  nhall  be  assessed  and  ta.\ed  upon 
their  real  and  personal  proi»erty  In  the  same  manner  as  individuals 
and  not  otlierwise.  'Jhe  personal  estate  of  each  such  corporation 
shall  be  ass(\ssed  in  the  town  or  ward  where  the  piinclpal  oflice  or 
place  for  transacting  tin-  tinancial  concerns  of  the  c<»mpany  shall 
be.  or  if  such  corporation  shall  have  no  principal  office  or  place 
for  transactlnj;  its  llnancial  concerns,  then  In  the  ward  in  the  city 
of  An)any  where  the  operations  of  suvh  corporation  shall  be 
carried  on. 

Stockholders  not  to  be  taxed. 

§  1(5.  The  holder  or  owner  of  stock  in  any  corporation  men- 
tioned in  the  precediui;;  section  shall  not  be  taxed  as  an  individual 

for  sucli  stock. 

Legal  holidays,  provisions  as  to. 

§  17.  Wlienever  the  time  for  tlie  doing  of  any  act  required  to  be 
done  by  tliis  act  or  by  any  law  of  the  State,  or  the  time  for  the 
meeting  of  any  Inward  or  commission,  except  the  Common  Council, 
happens  or  falls  on  any  legal  holiday,  such  act  shall  be  done  and 
such  meeting  shall  be  held  on  the  next  tecular  day  or  day  upon 
which  business  can  be  legally  done  tliereafter;  and  any  notice,  law 
or  resolution  which  is  required  by  law  to  be  published  in  the 
official  papers  of  the  city,  may  be  published  on  any  holiday  except 
Sunday  and  any  notice,  law  or  resolution  heretofore  published  on 
any  holiday  except  Sunday,  is  hereby,  so  far  as  said  publication 
is  concerned,  legalized,  ratified  and  confirmed. 

(Added  by  chapter  398,  Laws  of  1888,  sec.  15.) 


AsSESSOJiS.  175 

TITLi:   XIX. 
AssK6fy»KS. 
Assessors  office  to  be  open  to  public. 

Section  1.  The  Assossors  of  tljo  city  of  Albany  shall  be  provided, 
At  the  expense  of  said  city,  with  a  suitable  and  convenient  otlice 
In  the  city  of  Albany,  together  with  requisite  b<x)ks  and  stationery, 
lights  and  fuel.  whi<'h  *<a:d  office  slnill  bo  kept  open  during  the 
same  days  aaid  liours  as  the  oniee  of  the  Clerk  of  the  County  of 
Allmny  1«  by  law  required  to  be  kept  open  for  the  transaction  of 
biLsine.ss.  The  books,  maps,  assofisment-rolls  and  other  papers 
pertaining  to  the  offlce  of  said  A»»setis<jrs  shall  be  public  records 
and  at  all  rea.sf>nable  times  be  open  to  public  liuspectlon  In  their 
said   (iflioo. 

(As  amended  by  chapter  288,  Laws  of  1886,  sec.  1.) 

(LawB   of   1886,    chapter   288,    sec.    2.    The    sum   of  one    thousand   and 
twenty-thn-e     lulLi!"      :iu.llt>d    In    the    years    elg^hteen    hundred    and 
plKhty-fuur  ii!  :n<!reil   and   clKhty-five  by    the   Supervisors 

of   Alliany    <■.  tjy    the   Treasurer   thereof    for   .stationery 

and  other  nia;-  ....   .  .  '   •■•  •*••    \— ■•-sors  of  the  city  of  Albany, 

shall  lj«*  Iiii-In'l<-'|  III  Ui.  :  c-lty  for  the  year  eighteen 
hundrecl  and  <lKhty  six  t.ix  and  paid  by  the  Cham- 
berlain of  HaM  city   to    in iiit>     i  r>-;i>-urer  of   Albany  county.) 

Salary. 

§  2.  Kach  of  sfild  assessors  shall  nx-elve  as  compensation  the 
sum  of  tliree  thousand  dollars  annually,  to  be  paid  by  the  Cham- 
berlain of  the  elty  of  Albany  in  montlily  payments,  and  the  said 
AKs^'.^sor.-*  shall  be  rcis!dent.s  and  frwliolders  within  the  said  city. 

Clerks,  appointment  of.  etc. 

§3.  The  Assessors  of  said  city,  or  a  majority  of  them,  who  shall 
1k'  appointed  under  this  a<-t  shall,  within  ten  days  after  the  passage 
of  the  act.  appoint  a  <-lerk.  wh<«e  duty  It  shall  be,  under  the 
control  and  direction  of  the  .\ssessors.  to  take  charge  of  the  lHK^»k«, 
papers,  asse?;sment-rol!s  and  records  pertalnfng  to  the  offlce  of  said 
Assessors.  Such  appointment  shall  be  In  writing,  under  the  hands 
of  said  As.«jes«ors,  or  a  majority  of  them,  and  sliaJl  1k'  filed  in  tlie 
office  of  the  Clerk  of  the  Comnuui  Council.  Said  api)ointment 
shall  continue  during  the  pleasure  of  said  Assessors,  or  a  majority 
of  them,  and  fsaid  Assessors  may,  from  time  to  time,  as  they  may 
dwm  proper,  revoke  said  appointment  and  appoint  a  new  clerk  as 
above  described.  Said  dt-rk  .«liaH  receive  an  annual  salary  of  one 
thousand  dollars,  payable  by  the  Ch.imberlaln  of  the  city  r.f  Albany 
In  monthly  Installments. 


17(5  CuMiTKii  OF  I  UK  ('ny  OF  Aliiaw. 

TITLi:    XX. 

In  Uki.aiion    ri>  I5i  ii.niMis  in  tiik  City  «>k  Ai.iiany.  and  kok  teii 
I'kkvkniiwn  ok  Fikks  in  Saii>  City. 

Construction  of  certain  buildings  prohibited. — Alterations  and 
repairs. — Proviso. — Sheet  iron  and  other  metals  not  to  be 
used  for  outer  walls. 
Section  1.  No  bulldin;;,  shi'il.  shoj)  or  otlier  structure  of  auy  kind, 
the  outside  walls,  party  wnlltj  or  exterior  lateral  walls,  of  which 
Khali  bo  composed  in  whole  or  In  part  of  woo<l,  .shall  hereafter  be 
(•on8tru<ted  within  the  tire  limits  «tf  the  city  of  .Vlliany,  nor  sliall 
any  sucii  huiidiii;,'.  shed,  nhop  or  other  structure  be  removed  or 
transferred  from  any  pla<e  outside  of  said  lire  limits  to  any 
vacant  lot  witliin  said  lire  limits,  or  there  be  maintained  as  said 
lire  limits  are  now  established  or  may  hereafter  be  extended  by 
tlic  Connnon  Coiuu-il  of  said  city:  nor  shall  any  such  bulldinj;. 
shed,  shop  or  structure,  in  whole  or  in  part  of  wood  as  aforesaid, 
now  e.visLliiff  or  tliat  may  liereafter  exist  within  the  fire  limits  of 
said  city  be  altered,  reltuilt,  added  to  or  repaired  In  whole  or  In 
part  with  wood,  as  to  its  outside  walls,  exterior  lateral  walls, 
party-walls  or  roof,  excei>t  in  the  way  of  ordinary  repairs  of  ordi- 
nary wear  and  tear;  provided,  however,  tliat  when  any  incloseC 
buildinj:,  that  is  to  say,  a  bulidlnj;  having  lateral  exterior  walls 
completely  inclosing  its  area,  and  said  walls  restluR  In  or  upon  the 
g:round  and  said  buildinj:  covered  at  the  top  of  said  walls  with  a 
roof,  is  erected  or  constructed  or  now  exists,  the  said  exterior 
walls  of  whicli  are  wholly  of  bricU,  stone  or  iron  as  hereinafter 
described,  wood  may  be  used  in  the  constniction,  alteration, 
rebuildinij  or  repairini:  of  its  exterior  doors,  windows,  stoops,  bal- 
conies, cornict>K  and  piazzas,  and  in  the  constniction,  alteration, 
rebuildins:  and  i-epairinj;  of  its  interior,  and  of  the  roof,  provideCt 
the  roof  be  covered  completely  with  some  metallic  or  slate  fire-proof 
substance.  But  no  sheet-iron.  corruLrated  iron  or  other  metal  shall 
be  used  for  the  construction  of  the  outside  walls  or  exterior  lateral 
walls  of  such  buildinc:,  shed,  shop  or  other  structure  unless  as  a 
coverius  for  a  brick  wall  Avhich  shall  be  at  least  eight  inches  in 
thickness  throughout  its  whole  extent. 

(As  amended  by  chapter  286,  Laws  of  1891,  sec.  35.) 

Penalty  for  construction  of  building  in  violation  of  this  act. 

§  2.  If  any  dwelling-house,    storehouse,   manufactory    or  other 
building  whatever,  shall  be  erected,  constructed,  altered  or  repaired 


lifLATjyo    TO    BriLDJAGS.  177 

contrary  to  tlit«  provisioiie  of  section  one  of  this  title,  the  owner 
or  owners  thereof  shall  be  deemed  guilty  of  a  misdemeanor  and 
shall  also  be  liable  to  a  penalty  of  one  hundrtnl  dollars  for  each 
and  everj'  euch  oflfeuse,  to  bo  collected  of  said  owner  or  owners 
by  suit  in  the  Supreme  or  County  Court  in  the  name  of  the  city  of 
Albany,  and  for  ea<-h  and  »'V«'ry  day  thereafter  that  such  violation 
sliall  be  p<'rniitti-d  by  said  owm-r  or  owners  tt»  exist,  an  additional 
IH'iialty  of  twenty-live  dollars  sliall  l>e  imposed,  to  be  colleeled 
by  the  same  proceedin.:;  and  in  like  manner  as  hereinbefore  set 
fortii;  and  every  builder  wiio  shall  buihl  or  roof,  or  assist  in 
liuildiiiK  or  rooting,  such  dwellin^'-liouse.  storeiiouse.  manufactory 
or  other  bu!ldin»;  whatever,  sliall  be  liable  to  a  penalty  of  two  liun- 
driMl  and  lifty  dollars  for  each  ami  every  ofTi-nst',  to  be  collected 
by  the  same  proceedin;;  ami  in  like  manner  as  hereinbefore  set 
forth:  and  all  such  |H-nallies  when  collected  shall  be  jiaid  ovo-  to 
the  <'liamberlain  of  said  city  for  the  use  and  iM-iietit  of  the  Fin- 
Depiirtiiient  of  the  fity  of  Albany.  And  in  case  of  any  stiil  or  pro- 
ceedln;:  under  the  provisions  of  this  section,  su<*h  owner  or  owners 
shall  not  «'rect,  construct,  alter  or  repair  any  such  dwellin;,'-hotise, 
storehouse,  manufactory  or  other  buildiii;;.  until  a  decision  or 
Jud;;mcnt  sh.-ill  have  l>eeii  rendeicd  liicrcin. 

Police  to  report  violations. 

S  3.  It  shall  be  the  duty  of  the  police  of  said  city  to  r«i)ort 
promptly  to  the  Hoard  of  Fire  OHumlsslom^rs  of  said  citj'  any  and 
every  violation  of  the  provisions  of  this  title;  and  It  shall  be  the 
duty  of  said  Hoard  of  Fire  Comndsr^ioners  or  the  Chief  Fnjjiuo^'r 
of  the  Fire  department  by  dini-tion  nt  said  l>oard,  (ir  such  other 
officer  of  the  department  as  the  boanl  may  from  time  to  time 
designate,  to  order  any  owner  or  own«'r.s,  builder  or  builders, 
ofTendinK  or  violating  the  provisions  of  this  act.  to  gu.spend  any 
.•ind  all  work  contrary  to  the  jirovisloiis  of  this  act.  until  a  decision 
or  judgment  shall  be  hail  In  the  actli»n  or  proceedings  to  be  taken 
as  alwve  i)rovlded  and  any  ami  every  person  neglecting  or  refusing 
to  ol>ey  the  order  or  direction  of  said  Iif>anl  of  Fire  CommlssionerR 
or  their  servants  as  herein  provided  In  this  resptvt,  shall  be 
deemed  guilty  of  a  misdemeanor  and  also  liable  to  a  penalty  of 
fifty  dollars,  to  be  collected  In  like  maimer  as  aforesaid  pro- 
vided. 

12 


178  Charter  of  the  City  of  Albany. 

Buildings  may  be  raised  for  purpose  of  putting  on  flat  roof  of 
metal  or  slate. 
§  4.  If  anj-  brick  front,  frame  or  wooden  buildiujr  already  in  said 
city  within  the  lire  limits  as  prescribed  by  the  Coumiou  Council  of 
said  city,  shall  require  new  roofing,  it  shall  and  may  be  lawful  for 
the  owner  or  owners  thereof  to  raise  the  same  for  the  purpose  of 
making  a  flat  roof  thereon;  provided  that  such  new  roof  shall  be 
made  of  copper,  slate,  tin,  zinc  or  iron;  and  also  provided  that  such 
dwelling-house  when  so  raised,  shall  not  at  the  higuost  point 
thereof  exceed  bj'  five  feet  the  height  of  the  eaves  of  i^aid  liouso 
before  such  raising  or  alteration. 

Bay  windows,  etc.,  dimensions  of,  etc. 

§  5.  No  bow  window,  bay  window,  or  oriel  window,  or  other 
window,  except  show  windows  for  business  purposes  on  store 
fronts,  shall  be  put  up,  con.structed  or  maintained  in,  upon  or 
over,  or  into  any  of  the  streets,  highways,  lanes,  or  alleys,  or  any 
public  square  or  avenue,  or  oyer  or  into  any  sidewalk  of  this  city, 
more  than  two  feet  six  inches  from  the  line  of  the  street  to  the 
exterior  line  of  said  window;  nor  shall  any  such  window  be 
erected,  except  from  the  second  and  above  the  print'ipal  story  of 
the  building  to  which  it  belongs;  and  the  floor  line  of  any  such 
window  shall  not  be  lower  tlmn  the  tloor  line  of  the  said  second 
story  of  such  building,  and  in  no  case  be  less  than  ten  feet  above 
the  grade  line  of  the  sidewalk;  nor  shall  any  show  window  for 
business  pui-poses  on  store  fronts,  canopy  or  other  fixture,  not 
above  mentioned,  project  more  than  eighteen  inches  over  any  side- 
walk in  any  street,  avenue  or  public  place  in  the  city. 

Wooden  buildings  damaged  by  fire  may  be  repaired  if  damage 
does  not  exceed  two-thirds. 
§  G.  Every  wooden  building  or  frame  building  with  a  brick  or 
any  other  front,  situate  within  the  fire  limits  of  said  city  as  they 
now  exist  or  may  hereafter  exist,  which  may  hereafter  be  dam- 
aged by  fire  to  an  amount  not  greater  than  two-thirds  of  the 
value  thereof,  exclusive  of  the  foundation,  may  be  repaired  or 
rebuilt;  but  if  said  damage  shall  amount  to  more  than  two-thirds 
of  such  value,  exclusive  of  the  foundation,  then  such  building 
shall  not  be  repaired  or  rebuilt,  but  shall  be  taken  down  or 
removed;  the  amount  or  extent  of  such  damage  shall  be  determined 
by  two  disinterested  persons  residing  in  said  city,  one  of  which 
«hall  be  appointed  by  the  Fire  Comnjissjoners  and  the  other  by  the 


Relating  to  Buildings.  179 

owner  or  owners  of  said  building;  and  in  case  they  shall  disagree 
they  are  to  select  a  third  disinterested  person,  and  the  decision  in 
writing  of  any  two  of  them  shall  be  conclusive  and  final;  and  until 
such  decision  is  rendered,  said  building  shall  not  be  repaired  or 
rebuilt.  Any  person  violating  the  provisions  of  this  and  the  two 
next  preceding  sections  shall  be  deemed  guilty  of  a  misdemeanor 
and  also  liable  to  a  penalty  of  one  hundred  dollars,  to  be  collected 
in  the  same  manner  and  by  the  same  proceeding  as  hereinbefore 
sot  forth. 

Injunction  may  be  issued  in  case  of  actions  to  recover  penalty 
under  this  title. 
§7.  When  any  suit,  action  or  proceeding  shall  be  commenced 
against  any  person  or  persons  for  the  recovery  of  a  penalty  for  the 
violation  of  any  law  of  the  State  or  ordinance  of  the  city,  prohib- 
iting the  erection,  alteration  or  repairs  of  any  wooden  building, 
shed,  shop  or  structure  of  any  kind,  within  the  fire  limits  of  said 
city,  as  now  established,  or  as  they  may  be  hereafter  established 
by  the  Common  Council  of  the  city,  if  said  action  is  brought  in  a 
court  of  record,  the  judge  of  the  court  in  which  the  suit,  action  or 
proceeding  is  brought  or  had  shall  have  power,  and  it  shall  be  his 
duty,  on  the  application  of  the  Mayor  or  Corporation  Counsel  of 
said  city  or  of  the  Fire  Commissioners,  or  cither  of  them,  to 
issue  an  injunction  restraining  and  prohibiting  the  defendant  and 
his  agent,  contractor  and  servant,  and  all  other  persons  from  the 
further  pmseontion  of  work  on  said  building,  shed,  shop  or  other 
structure,  until  judgment  shall  be  entered  in  the  suit  or  action,  or 
until  some  furthca-  order  in  the  premises;  the  injunction  to  be 
made  perpetual  in  case  the  judgment  is  rendered  in  favor  of 
plaintiff. 

Storage  of  petroleum,  etc. 

§  8.  The  Fire  Commissioners  of  the  city  of  Albany  shall  have 
power  to  regulate  the  keeping  and  storage  of  earth  or  rock  oil, 
petroleum,  benzine,  benzole,  naphtha  or  varnish,  or  any  other 
article  the  product  of  the  articles  above  mentioned,  and  any  per- 
son or  pei-sons  refusing  to  obey  the  regulations  or  instructions  of 
said  Board  of  Fire  Commissioners,  relative  to  the  storage  of  the 
articles  above  designated,  shall  be  deemed  guilty  of  a  misde- 
meanor, and  also  liable  to  a  penalty  of  fifty  dollars  for  each  and 
every  offense,  to  be  collected  in  the  same  manner  and  by  the 
same  proceedings  as  hereinbefore  specified  for  the  collection  of 
other  penalties. 


180  (JllARTKH    OF   THE    (hTY    OF  ALHAM'. 

Fire  escapes. — Chief  to  determine  method  of  constructing  halls, 
etc. 
§  9.  Any  dwelling-houso  now  erected,  or  that  may  hereafter  be 
erected,  in  the  city  of  Albany,  more  than  two  stories  in  height, 
occupietl  by  or  built  to  be  occupied  by  two  or  more  families  on 
any  floor  above  the  first,  and  all  buildings  now  erected,  or  that 
may  be  hereafter  erected  in  said  city,  more  than  three  stories  in 
height,  occupied  by  or  built  to  be  occupied  l)y  three  or  more  fami- 
lies above  the  first  story;  and  any  building  already  erected  or  that 
may  hereafter  be  erected  in  said  city,  more  than  three  stories  in 
height,  occupied  or  used,  or  built  to  be  occupied  or  used,  as  a 
hotel,  boarding  or  lodging-house,  and  any  factory,  mill,  office, 
manufactory  or  work-shop  now  erected  or  that  may  be  hereafter 
erected  in  said  city,  in  which  operatives  are  employed  on  any 
floor  above  the  first  story,  and  all  buildings  in  an  isolated  iwsitlon 
already  erected,  or  that  may  hereafter  be  erected  in  said  city,  more 
than  three  stories  in  height,  built  to  contain,  or  that  does  contain, 
or  is  occupied  by  three  or  more  families  above  the  first  stoiy,  shall 
be  provided  with  such  fire-escapes,  alarms  and  doors  as  shall  be 
directed  by  the  Chief  of  the  Fire  Department.  And  the  said  Chief 
shall  have  the  power  of  determining  the  method  of  constructing 
the  halls,  stairways,  ceilings,  cellars,  flues,  furnaces,  fire-places 
and  heaters  in  all  buildings  hereafter  erected,  or  that  may  now 
exist;  and  the  owner  or  owners  of  any  building  upon  which  any 
fire-escapes  may  now  be  or  may  hereafter  be  erected  in  said  city, 
shall  keep  the  same  in  good  repair  and  well  painted,  and  no  per- 
son shall,  at  any  time,  place  any  incumbrance  of  any  kind  what- 
ever upon  any  said  fire-escapes  now  erected,  or  that  may  here- 
after be  erected  in  said  city. 

(Added  by  chapter  286,   Laws  of  1891,   sec.  3(5.) 

Halls,  aisles,  etc.,  of  public  buildings  to  be  kept  free  and  open. 
— Chief  to  serve  notice. — Penalty  for  violation. 

§  10.  In  all  buildings  of  a  public  character  already  erected,  or 
hereafter  to  be  built  in  said  city,  such  as  hotels,  chui'ches,  theaters, 
club-houses,  school-houses,  restaurants,  railroad  depots,  public 
halls  and  other  buildings  used  or  intended  to  be  used  for  the  pur- 
poses of  public  amusement  or  instruction,  the  halls,  doors,  stair- 
ways, seats  and  aisles  shall  be  so  arranged  as  to  facilitate  egress 
in  case  of  fire  or  accident,  and  to  afford  the  requisite  and  proper 
accommodation  for  the  public  protection  in  such  case,   and  all 


Relating  to  Buildings.  181 

aisles  and  passage-ways  iu  said  buildings  devoted  to  purposes  of 
amusement  or  instruction  shall  be  kept  free  from  camp  stools, 
chairs,  sofas  and  other  obstructions  during  any  performance,  ser- 
vice, exhibition,  lecture,  concert,  ball  or  any  public  assemblage; 
and  the  Chief  of  the  Fire  Department  may,  at  any  time,  serve  a 
written  or  printed  notice  upon  tlio  owner,  lessee,  superintendent 
or  manager  of  any  of  said  buildings,  directing  any  act  or  thing  to 
be  done  in  or  about  the  arrangement  of  the  said  buildings  and 
the  several  appliances  therewith  connected,  such  as  halls,  doors, 
stairs,  windows,  seats,  aisles  and  escapes,  so  as  to  afford  the  great- 
est possible  security  to  the  public  in  the  uses  to  which  they  may 
be  severally  applied.  Every  person  who  shall  fail,  neglect  or 
refuse  to  comply  with  the  orders  of  said  Cliief  of  the  Fire  Depart- 
ment relative  thereto  shall  be  deemed  guilty  of  a  misdemeanor. 

(Added  by  chapter  286,   Laws  of  1891.  sec.  36.) 
Foundations. 

§  11.  In  all  brick  and  siohl-  buildings  erected  in  said  city  of 
Albany,  all  foundation.s  shall  be  started  not  less  than  four  feet 
below  the  surface  of  the  earth,  and  carried  up  to  the  lirst  tier  of 
beams  on  a  good  solid  bottom,  and  in  case  the  nature  of  the  earth 
should  re(iuire  it,  a  bottom  of  driven  piles,  or  laid  timbers  of  suf- 
ficient size,  shall  be  laid  to  prevent  the  walls  from  settling;  the  top 
of  such  piles  of  timber  Ixjttom  to  be  driven  or  laid  below  the  water 
line,  and  all  piers,  columns,  posts  or  pillars  shall  be  started  on  a 
bottom  line  in  the  same  manner  as  foundation  walls.  The  footing 
or  base  couree  under  all  foundation  walls,  and  under  all  piers, 
columns,  posts  or  pillars  resting  on  the  earth,  shall  be  of  stone  or 
concrete,  where,  in  the  judgment  of  the  Chief  of  the  Fire  Depart- 
ment, the  nature  of  the  ground  or  the  weight  to  be  sustained 
require  it,  and  if  under  a  foundation  wall,  shall  be  at  least  twelve 
inches  wider  than  tlie  bottom  width  of  said  wall;  and  if  under 
piers,  columns,  posts  or  pillars,  or  truss  girders,  it  shall  be  at  least 
twelve  inches  wider  on  all  sides  than  at  the  bottom  width  of  such 
piers,  columns,  posts  or  pillars,  and  not  less  than  twelve  inches  in 
thickness;  and  if  built  of  stone,  the  stone  thereof  shall  not  be  less 
than  two  feet  by  three  feet,  and  shall  be  at  least  eight  inches  in 
thickness;  all  base  stones  shall  be  well  bedded  and  laid  edge  to 
edge;  if  the  walls  to  be  built  of  Isolated  piers,  there  must  be 
inverted  arches,  at  least  twelve  inches  thick,  turned  under  and 
between  the  piers,  or  two  footing  courses  of  large  stone,  at  least 
ten  inches  thick  in  each  course.     All  foundation   walls  shall  be 


182  CnARTKR    OF  THE    CiTY   OF  ALBANY. 

built  of  stone  or  brick,  and  mlmll  be  laid  in  cement  or  lime  and 
sand  mortar,  and  if  constructed  of  stone,  shall  be  at  least  eight 
Inches  thicker  than  the  wall  next  above  them  to  a  depth  of  six- 
teen feet  below  the  curb  level,  and  shall  be  increased  four  in'chos 
in  thickness  for  every  additional  live  foot  in  depth  below  the  said 
sixteen  feet. 

(Added  by  chapter  286,  Laws  of  1891^  sec.  3C.) 

Specifications  for  buildings  to  be  submitted  to  Chief  of  Police. 
§  12.  No  wall,  structure,  building,  part  or  parts  thereof,  shall 
hereafter  be  built,  constructed,  altered  or  repaired  in  said  city, 
except  in  conformity  with  the  provisions  of  this  title.  Before  the 
erection,  construction,  alteration  or  repair  of  any  building  or  part 
of  any  building  in  the  city  of  Albany  is  commenced,  the  owner  or 
owners  shall  submit  a  detailed  statement,  in  writing,  of  the  speci- 
fications, and  a  full  and  complete  copy  of  the  plans  of  such  pro- 
posed l)uilding,  erection,  alteration  or  repair,  which  shall  be  accom- 
panied with  a  statement,  in  writing,  giving  the  full  name  and 
residence  of  the  owner  or  each  of  the  owners  of  such  building,  or 
projjosed  building;  said  detailed  statement  and  copy  of  the  plans 
and  specifications  shall  l)e  liept  on  lile  in  the  office  of  the  Chief 
of  the  Fire  Department;  and  the  erection,  construction,  alteration 
or  repair  of  said  building,  or  any  part  thereof  shall  not  be  com- 
menced or  pr<x^eeded  with  until  said  .statement  shall  have  been 
so  filed,  and  said  plans  and  si>ecifications  shall  have  been  approved 
by  said  Chief  of  the  Fire  Department;  and  eveiy  permit  for  the 
erection  of  a  new  building  the  lowest  grade  at  which  the  floor  of 
the  basement  story  of  said  building  shall  be  laid  shall  be  desig- 
nated, and  no  permit  shall  be  grantotl  for  the  erection  or  altera- 
tion of  any  building  now  or  hereafter  built  or  constructed  or 
altered,  unless  it  being  in  a  good  and  safe  condition  to  be  altered 
as  proposed,  and  the  alterations  so  made  shall  confonu  to  the 
provisions  of  tliis  title. 

(Added  by  chapter  286,  Laws  of  1891,  sec.  36.) 

Protection  of  adjoining  ■wall  w^hen  excavating. 

§  13.  Whenever  any  excavation  in  the  city  of  Albany  is  to  be 
carried  to  the  depth  of  more  than  ten  feet  below  the  grade  of  the 
street,  and  there  shall  be  any  wall  or  structure  wholly  or  partly 
on  adjoining  land,  or  near  the  intended  excavation,  the  party 
causing  such  excavation  to  be  made,  if  afforded  the  necessary  per- 
mission to  enter  on  such  adjoining  land,  shall  at  all  times  from 


Relating  to  Buildings.  183 

the  commencement  until  the  completion  of  such  excavation,  at  his 
or  their  own  expense,  preserve  such  wall  or  structure  from  injury, 
and  so  fiupr>ort  the  same  by  proper  foundations  that  it  shall  remain 
as  stable  as  before  the  excavation  was  commenced;  should  the 
person  making  such  excavation  fail  to  protect  said  walls  or  struct- 
ure from  injury  for  twent3'-four  hours  after  being  notified  by  the 
Chief  of  the  Fire  Department  so  to  do,  the  said  chief  may  enter 
upon  said  premises  and  employ  such  labor  and  furnish  such 
materials,  and  take  such  steps  as  in  his  judgment  may  be  neces- 
sary to  make  said  wall  or  structure  safe  and  secure;  and  any  per- 
son or  persons  doing  said  work,  or  any  part  thereof,  by  the  order 
and  direction  of  the  Chief  of  the  Fire  Department,  may  bring  and 
maintain  an  action  against  the  party  or  parties  causing  such  exca- 
vation to  be  made  for  the  value  of  such  work,  the  party  or  parties 
causing  sucli  excavation  to  be  made  may  recover  compensation 
from  the  adjoining  owner  in  case  such  adjoining  owner  should,  at 
any  time  thereafter,  make  any  luse  of  said  foundation  below  said 
ten  feet  below  grade. 

(Added  by  chapter  2S6,   Laws  of  IVHI.  sec.  36.) 

Piles.  . 

§  14.  Piles  driven  for  a  wall  tn  n-st  upon  shall  be  not  less  than 
five  inches  in  diameter  at  the  smallest  edge,  and  shall  be  spaced 
not  more  than  three  feet  on  centers,  in  the  direction  of  the  length 
of  the  wall,  and  nearer  if  required  by  the  Chief  of  the  Fire  Depart- 
ment; they  shall  be  driven  to  a  solid  bearing,  to  be  ascertained  by 
boring,  at  the  expense  of  the  owner,  when  required  by  the  Chief 
of  the  Fire  Department,  and  the  Chief  of  the  Fire  Department 
shall  determine  the  grade  at  which  piles  shall  be  cut  off;  walls 
not  exceeding  twenty  feet  in  height,  where  piling  is  necessary, 
may  rest  on  a  single  row  of  piles;  if  deemetl  advisable  by  said 
Chief  of  the  Fire  Department  walls  exceeding  twenty  feet  in 
height  shall  rest  on  not  less  than  two  rows  of  piles;  extra  piles 
shall  be  driven  where  required  by  the  Chief  of  the  Fire  Depart- 
ment. 

(Added  by  chapter  2S6,   Laws  of  1S91,  sec.  36.) 

Foundations  of  buildings  other  than  dwellings. 

§  15.  Foundation  walls  of  brick  buildings,  other  than  dwellings, 
tenement  or  lodging-houses,  shall  be  constructed  of  large-sized 
quarry  stone,  laid  in  horizontal  courses,  with  good'  bed  and  build- 
surfaces,  wedged  with  slate,  stone,  and  laid  in  cement  mortar,  and 


184  Charter  of  the  City  of  Albany. 

eight  inches  thicker  than  the  external  or  party-wall  immediately 
above  and  over  the  same;  if  said  foundarion  is  to  be  set  to  a  depth 
of  more  than  fifteen  feet  below  the  grade  of  the  street  for  each  and 
every  five  feet  additional  depth  greater  tlian  fifteen  feet  below  tne 
grade  of  sti-eet,  it  shall  be  increased  four  inches  in  thickness; 
foundations  of  such  buildings  not  more  than  forty  feet  in  height 
may  be  built  of  rubble  work  laid  in  cement  and  sand  mortar,  if  the 
thickness  of  the  foundation  walls  is  one-fourth  greater  than  given 
for  large-sized  quarry  stone,  and  laid  as  specified;  in  case  of  severe 
thrust  or  pressure  on  said  walls  from  any  cause,  there  shall  be 
such  extra  strengthening  of  said  walls,  by  thickening  or  by  but- 
tresses, or  both,  as  the  Chief  of  the  Fire  Department  may  approve. 
(Added  by  chapter  286,   Laws  of  1891,  sec.  36.) 

Foundations  of  dwellings. 

§  IG.  Foundation  walls  of  brick  buildings  to  be  used  for  dwelling 
or  lodging-houses,  not  exceeding  thirty  feet  in  height,  if  laid  with 
large-sized  (luarry  stone  in  horizontal  courses,  shall  not  be  less  than 
eighteen  inches  thick,  or  if  in  brick  laid  in  cement,  shall  not  be  less 
than  sixteen  inches  thick;  exceeding  thirty-five,  and  not  exceeding 
sixty  feet  in  height,  the  foundations  shall  be  not  less  than  twenty- 
four  inches  thick,  if  laid  in  large-sized  quarry  stone  in  horizontal 
courses;  if  in  brick  laid  in  cement,  not  less  than  twenty  inches 
thick;  for  every  fifteen  feet  additional  height  the  thickness  of 
foundations  shall  be  increased  four  inches;  if  the  walls  do  not 
exceed  seventy-five  feet  in  height,  the  foundation  walls  may  be 
built  of  uncoursed  rubble  work  laid  in  cement  mortar;  but  in  all 
cases  the  thickness  shall  be  one-fourth  greater  than  that  given  for 
large-sized  quarry  stone,  and  the  work  shall  be  thoroughly  bonded, 
and  at  least  two-thirds  of  the  bulk  of  the  wall  shall  be  through 
stones,  and  no  round  or  boulder  stones  shall  be  used;  provided, 
that  w^hen  such  walls  are  laid  on  piles,  the  low'er  couiTse  shall  be 
block  stone  not  less  than  sixteen  inches  in  height. 
(Added  by  chapter  286,  Laws  of  1891,  sec.  36.) 

§  17.  For  brick  buildings  exceeding  thirty-five  feet  in  height, 
there  shall  be  under  all  foundations,  walls,  piers,  columns,  posts 
and  pillai*s  resting  on  the  earth,  a  footing  or  base-course  of  stone 
or  concrete,  which,  if  under  a  foundation  w'all,  shall  be  not  less 
than  twelve  inches  wider  than  the  bottom  width  of  said  walls  and 
not  less  than  twelve  inches  thick;  and  if  under  piers,  columns, 
posts  and  pillars,  shall  be  of  stone,  and  not  less  than  twelve  inches 


Relating  to  Buildings.  185 

wider  on  all  sides  than  the  bottom  area  of  said  piers,  columns, 
posts  and  pillars,  and  shall  not  be  less  than  two  feet  by  three  feet 
in  area  by  twelve  inches  in  thickness,  and  when  laid  to  be 
thoroughly  bedded  in  cement.  If  the  walls  rest  on  isolated  piers, 
then  there  must  be  uuder  such  piers  footings  at  least  sixteen 
inches  thick,  thoroughly  bedded  in  cement.  All  piles  shall  be 
capped  with  block  stone  or  granite  bevelers,  each  stone  to  have  a 
firm  bearing  on  at  least  one  pile  in  each  row. 

(Added  by  chapter  2S6,  Laws  of  1891,  sec.  36.) 

Isolated  deep  buildings  to  be  braced. 

§  IS.  Any  building  that  may  hereafter  be  erected  or  constructed 
in  an  isolated  position  and  more  than  one  hundred  feet  in  depth, 
and  which  shall  not  have  cro.ss-walls,  shall  be  securely  braced 
durhig  construction,  both  inside  and  outside,  if  practicable;  and  if 
outside  bracing  is  not  practicable,  it  shall  be  properly  braced  from 
the  inside,  and  the  braces  shall  be  continued  from  the  foundation 
upward  to  at  least  one-third  the  highest  of  the  building  from  the 
Kidcwalk  level. 

(Added  by  chapter  2SC,   Laws  of  l^A.  sec.  30.) 

Ratio  of  safe  to  breaking  weight. —  Mortar  and  cement. 

§  19.  In  all  calculations  for  the  streusth  of  materials  to  be  used 
in  any  building,  the  proi>ortion  betv>een  the  safe  weight  and  the 
breaking  weight  shall  be  as  one  to  three  for  all  beams,  girdeiis  and 
other  pieces  subjected  to  a  cross-strain,  and  a.s  one  to  six  for  all 
posts,  columns  and  other  vertical  supixjrt,  and  for  all  tie  rods,  tie 
beams  and  other  pieces  subject  to  a  tensile  strain;  the  requisite 
dimensions  of  each  piece  of  material  are  to  be  ascertained  by  com- 
putation by  the  rules  given  of  the  best  authorities,  using  for  con- 
stants in  the  rules  only  such  numbers  as  have  been  deduced  from 
experiments  and  materials  of  like  kind  with  that  proposed  to  be 
used.  All  mortar  ami  cement  shall  be  of  the  best  quality  for  the 
purposes  for  which  they  are  applied,  and  shall  be  properly  mixed. 
(Added  by  chapter  2SG,   Laws  of  1S91,  sec.  36.) 

Timbers  entering  party  walls. 

§  20.  All  roof  or  floor  timbers  entering  the  same  party  wall  from 
the  opposite  sides  sliall  have  at  least  four  inches  of  solid  brick- 
work between  the  ends  of  said  timbers  except  that  in  eight-inch 
walls  the  butts  or  ends  of  the  beams  shall  be  cut  on  a  splay  of 
three  im-hfs  in  tlu'ir  width,  and  in  all  Inth  and   plastered  parti- 


186  Charter  of  the  City  of  A  lb  ant. 

tions   there  shall   bi-   plaei'd   a    header  of  the   same  size  as   the 
uprights  are  constructed  of,  every  four  feet,  so  as  to  prevent  fire 

from  passiii.u'  through  the  same. 

(Added  by  t-hapter  2Sfi,   Laws  of  1S91,  sec.  36.) 

Koofs. 

§  21.  The  planknig  or  sheathing  of  the  roof  of  every  building 
erected  or  built  as  aforesiiid  shall,  in  no  case,  be  extended  across 
the  party  or  side  walls  thereof;  and  every  building,  and  the  top 
and  sides  of  the  dormer  windows  Uiereon  shall  be  roofed  and  cov- 
ered with  slate,  iron,  coppi-r  or  tin.  to  be  approved  by  the  Chief  of 
the  Fire  Department,  and  shall  be  eciually  capable  of  witlistauding 
the   influence  of   fire. 

(Added  by  chapter  286,  Laws  of  1891.  sec.  3G.) 

Party  walls  above  roof. 

§  22.  Every  party  wall  shall  be  built  through  and  at  least  twelve 
inches  above  or  distant  from  the  roof  boarding  at  every  part  of  the 
roof;  and  shall  be  entirely  covered  with  metal  securely  fastened  and 
corbelled  to  the  outer  edge  of  all  projections;  or  a  gutter  stone  of 
suitable  dimensions,  and  to  be  properly  balanced,  may  be  inserted 
in  place  of  corbelling,  but  where  the  wall  extend  thirty-six  inches 
above  the  adjoining  building,  parapet  walls  may  be  omitted;  pro- 
vided, that  where  mansard  or  French  roofs  are  built  over  one  or 
more  buildings,  the  partition  or  divLson  walls  so  roofed  shall 
be  carried  up  eight  inches  above  the  roof  planking  and  shall  be 
coped  with  stone,  iron  or  other  fire-proof  material. 
(Added  by  chapter  286,  Laws  of  1891,  sec.  36.) 

Thickness  of  walls. 

§23.  The  thickness  of  all  walls  in  all  l)uildings  or  additions 
hereafter  erected  or  constructed  shall  be  not  less  than  is  given  in 
the  following  tables  for  the  different  kinds  of  buildings: 


Relating  to  Buildings. 
Bdildisgs  for  Business  and  Manufactories. 


187 


DESCRIPTION. 


One  Btorjr 

Two  stories.  . 
Three  i^tories  . 
Four  stories  . . 
Five  stories.  . 
six  .stories    . .. 


Base- 
ment. 
Inches. 


First 
story. 
Inches. 


Second  Third  1  Fourth 
story.  I  story.  story. 
Inches.   Inches.   Inches. 


12 

12  12 

IH  I        12 

■XI  '        16 

20  16 


Fifth  ;  Sixth 
story.  story. 
Inches.   Inches. 


Three  stories... 
Foui  stories  . . . 
Five  stories.  . . 
Six  stones..    . . 


Brick 

Dimension  Walls. 

16 

16 

12 

12 

1        20 

20 

16 

12 

12 

24 

20 

•      20 

16 

12 

i2 

2S 

24 

20 

20 

16 

12 

12 


One  story... 
Two  stories  . 
Three  stories. 
Four  stories  . 
Five  stories  . 
Six  stories... 


Brick  Partition  Walls. 


12 

12 

16 

12 

12 

10 

16 

12 

20 

16 

16 

20 

20 

16 

24 

20 

20 

12 


Fsur  stories 
Five  stories. 


Front  and  Hear  walls. 


(Added  by  chapter  286,  Laws  of  1891,  sec.  36.) 


Walls  of  dwellings. 

§  24.  Tuf  thickness  of  walls  of  flwellings  or  lodging-houses  here- 
after erected  or  constructed  shall  be  not  less  than  is  given  in  the 
following  tables: 


Base- 

DESCRIPTIOX.                     nunt. 

Inches. 

First 
story. 
Inches. 

Second 
story. 
Inches. 

Third 
story. 
Inches. 

Fourth 
story. 
Inches. 

Basement  and  two  stories  18 

Basement  and  three  stories 20 

More  than  three  stories  . .     '          24 

12 

16 
16 

8 
12 
16 

■"8 
12 

"is 

Basement  and  three  stories, . 
Basement  and  four  stories.  , 


Division   Walls. 


(Added  by  chapter  286,  Laws  of  1891,  sec.  36.) 


188 


Charter  of  the  City  of  ALnANi*. 


§25.  The  thiokiK'SS  of  walls  of  shops  and  stores  hereafter 
erected  or  constructed  shall  not  l)e  less  than  is  given  in  the 
following  tables: 


DESCRIPTION. 


Bnsi'moiit  nnd  two  stories  . 
basonu'Dt  1111(1  thrre  stories. 
More  tliiin  three  stories.    . . , 

Tliiee  Htories 

Four  stories 


Base- 

First 

Second 

ment. 

story. 

story, 

Indies. 

Inches. 
1-2 

Inches. 
12 

18 

ao 

]t> 

1^ 

24 

10 

Hi 

Ifi 

10 

12 

■20 

IG 

lb 

Third 
story. 
Inches. 


Fourth 

story. 

Inches. 


(Added  by  chapter  286,  Laws  of  1891,  sec.  36.) 

Bonding  of  walls. 

§26.  AVliere  a  w:\\\  is  liuisiicd  witli  a  stone  cornice  the  greatest 
Wi'iglit  of  material  of  such  cornice  shall  be  on  the  inside  of  the 
face  of  tlie  wall,  so  that  the  cornice  shall  lirnily  balance  upon  the 
wall;  cvny  liftli  course  al  least  of  a  brick  wall  sliall  be  a  liead- 
ing  or  l)on(ling  course,  except  where  walls  are  faced  witli  brick, 
in  which  every  ninth  course  shall  be  bonded  with  Flemish 
headers,  or  Iiy  cutting  tlic  course  of  tlic  fai-c  brick  ;iiul  putting  in 
diagonal  headers  behind  the  same. 

(Added  by  chapter  2S6,  Laws  of  1891,  sec.  36.) 
§27.  In  tlie  erection,  construction  or  alteration  of  any  Imilding, 
tlic  materials  of  whicli,  in  Avhok'  or  in  part,  is  other  than  brick, 
stone  or  wood,  the  thickness  of  walls  of  such  material  and  the 
method  of  construction  shall  lie  sudi  as  the  Chief  of  the  Fire 
l)(>pai-tment  shall  approve. 

(Added  by  chapter  286,   Laws  of  1891,  sec.  36.) 

Brick  walls. 

§28.  All  brick  walls  and  buttresses  shall  be  of  hard-burnt,  well- 
shaped  bricks.  Avell  laid  and  bedded,  with  Avell-filled  joints,  in 
lime  or  cement  mortar,  and  well  flushed  up  at  every  course  with 
mortar;  and  all  bricks  used  during  tlic  warm  mouths  shall  be 
well  wet  at  the  time  they  are  laid,  and  sliall  Ite  dry  at  the  time 
they  are  laid  during  the  cold  months. 

(Added  by  chapter  286,   Laws  of  1891,  sec.  36.) 
Walls,  how  built. 

§  29.  All  walls  of  brick,  stone  or  other  similar  material  shall  be 
thoroughly   and   practically   bonded   and    tied,    and    solidly    put 


Relating  to  Buildings.  189 

together;  shall  be  built  to  a  Hue,  pluuib  and  straight,  aud  laid 
with  mortar  or  cement,  and  all  supiwrts  of  the  same  shall  be  of 
iron,  brick  or  stone,  and  of  sufficient  size  aud  strength  to  safely 
support  the  superstructure. 

(Added  by  chapter  286,  Laws  of  1891,  sec.  36.) 

Vaulted  walls. 

§  30.  VaultCHl  walls  of  the  same  thickness,  independent  of  withes, 
may  be  used  iustead  of  solid  walls,  and  the  walls  on  either  side  of 
air  space  shall  be  not  less  than  eight  inches  thick,  and  tied  together 
perpendicularly  with  continuous  withes  of  hard-burned  brick  of 
good  quality,  or  other  approveil  material,  which  shall  be  not  more 
than  three  feet  apart,  and  the  air  space  shall  be  smoothly  plas- 
tered. 

(Added  by  chapter  286,  Laws  of  1891,  sec.  36.) 

Increased  walls  for  buildings  more  than  thirty  feet  wide. 

§  31.  In  all  buildings  over  tliirty  feet  in  width  and  not  having 
either  brick  partition  wall  nr  girders,  supported  by  columns  run- 
ning from  front  to  rear,  the  walls  shall  be  increased  an  additional 
four  inches  in  tliickness  for  each  story  over  and  above  the  thick- 
ness given  in  the  preceding  tables,  for  every  additional  width  of 
ten  feet  or  part  thereof  of  said  building  over  thirty  feet. 
(Added  by  chapter  286,   Laws  of  1891,  sec.  36.) 

Brick  stables. 

§  32.  In  all  brick  stables  and  brick  additions  to  stables,  hereafter 
erected  or  constructed  in  the  city,  the  outside  walls  shall  be  not 
less  than  twelve  inches  in  thickness  for  the  first  story  and  eight 
inches  in  thickness  for  the  second  story,  and  if  more  tban  two 
stories  in  height,  shall  be  not  less  than  twelve  inches  in  thickness 
to  the  top  of  the  second-story  beams. 

(Added  by  chapter  286,   Laws  of  1891,  sec.  36.) 

Heights  of  stories. —  Walls  to  extend  above  roof. 

§  33.  The  height  of  stories  for  all  given  thicknesses  of  walls,  as 
given  in  the  preceding  tables,  must  not  exceed  eleven  feet  in  the 
clear  for  basements,  eighteen  feet  in  the  clear  for  the  first  story, 
fifteen  feet  in  the  clear  for  the  second  story,  fourteen  feet  in  the 
clear  for  the  third  and  fourth  stoiy,  and  thirteen  feet  average 
height  for  the  fifth  and  sixth  story.  If  any  story  exceed  these 
heights  respectively,  the  walls  of  such  story  and  all  stories  below 


190  Charter  of  the  City  of  Albany. 

the  same  shall  be  iiifi-eased  four  inches  iu  thickness  in  addition 
to  the  thickness  given  in  the  preceding  tablcis.  All  outside,  divi- 
sion or  party  walls  shall  extend  above  the  roof  of  any  building 
that  may  hereafter  be  erected  or  constructed  in  the  city  of  Albany 
two  and  one-half  feet,  and  to  be  coped  with  stone,  well-burnt  terra 
cotta  or  fire-proof  material. 

(Added  by  chapter  2Sfi,   Laws  of  IS'JI,  sec.  3«.) 

Hall  partitions  of  brick  in  certain  cases. 

§  34.  In  all  buildings  more  than  one  story  in  height,  hereafter  to 
be  erected  or  constructed  as  a  dwelling,  tenement  or  lodging-house, 
or  for  offices  in  which  the  lower  part  is  to  be  used  for  business 
purposes  or  manufacturing,  the  hall  partitions  shall  be  built  of 
brick  and  carried  up  to  the  full  height  of  the  building;  the  bear- 
ing walls  of  all  buildings  canning  beams  or  joists,  shall,  in  all 
eases,  be  built  up  to  the  top  of  the  joists,  and  be  leveled  off; 
fecasses  and  openings  may  be  made  in  external  walls,  provided 
that  the  backs  of  such  recesses  are  not  less  than  twelve  inches  in 
thickness  and  tliat  tlie  area  of  su<-h  recesses  and  openings  do  not, 
taken  l()g(^ther,  exceed  one-half  of  the  whale  area  of  the  wall  in 
which  they  are  made. 

(Added  by  chapter  2S6,   Laws  of  1S91,  sec.  36.) 

Walls  of  buildings  more  than  thirty  feet  wide. 

§  35.  In  all  brick  buildings  over  thirty  fei't  in  width,  not  having 
either  brick  partition  walls  or  girders  supported  by  columns  run- 
ning from  front  to  rear,  and  the  entire  height  of  the  building;  the 
external  and  party  walls  shall  be  increased  four  inches  in  thick- 
ness for  every  additional  twenty-five  feet  in  the  width  of  said 
building. 

(Added  by  chapter  286,  Laws  of  1891,  sec.  36.) 

Smoke  houses. 

§  36.  All  smoke-houses  hereafter  erected  or  constructed  shall  be 
built  of  brick  or  stone,  and  the  doors  and  roof  of  the  same  shall  be 
constructed  of  some  non-combustible  material. 

(Added  by  chapter  286,  Laws  of  1891,  sec.  36.) 

Flues. 

§  37.  No  continuous  vertical  recess,  chase  or  flue  shall  be  made 
in  any  party  wall  so  deep  that  it  will  leave  the  thickness  at  the 
back  less  than  eight  inches  at  any  part,  and  no  recess  of  any  kind 


Relating  to  Buildings.  191 

shall  be  made  in  any  eigbt-incli  wall;  no  horizontal  recess  shall  be 
made  in  any  wall,  except  by  a  special  permit  from  the  Chief  of  the 
Fire  Department;  no  contiunous  vortical  recess  other  than  flues  in 
staclis,  sliall  be  nearer  than  seven  feet  to  any  other  recess. 
(Added  by  chapter  2.St',   Laws  of  1S91,  sec.  36.) 

Koof  guards. 

§  38.  Every  building  near  any  street  or  sidewalk  in  the  city  of 
Albany  shall  be  provided  with  a  balustrade,  guard  or  other  con- 
trivance sufficient  to  prevent  any  slide  of  snow  or  ice  falling  from 
the  roof  thereof,  upon  such  street  or  sidewalk:  any  person  neglect- 
ing or  refusing  to  provide  such  protection  after  an  order  from  the 
Chief  of  the  Fire  Department  so  to  do,  shall  be  deemed  guilty  of 
a  misdemeanor. 

(Added  Ijy  chapter  2n6.   Laws  of  1891.  sec.  36.) 

Girders  in  certain  cases. 

§  39.  Girders  or  iron  beams  and  columns  may  be  substituted  for 
partition  walls  in  buildings  not  more  than  seventy-five  feet  in 
width,  and  shall  be  made  of  sufficient  strength  to  bear  safely  the 
weight  which  they  are  intended  to  support,  in  addition  to  the 
weight  of  material  employed  in  their  construction;  but  where 
wooden  colmuiLs  or  girders  are  used  the  columns  shall  not  be 
further  apart  than  eight  feet. 

(Added  by  chapter  2S6.   Laws  of  1891,  sec.  36.) 

Faced  walls. 

§  40.  Walls  may  be  used  with  a  taring  of  sioiio  or  oUkt  approved 
material,  securely  tied  to  a  backing  of  not  less  than  eight  inches  of 
hard  brick  work  laid  in  mortar  by  means  of  metal  clamps;  but  the 
thickness  of  facing  and  backing,  taken  together,  shall  not  be  les'9 
than  the  thickness  required  for  a  brick  wall  of  the  same  height; 
and  no  rough  lintols  or  bond  timber  shall  be  used  in  any  wall  of 
any  brick  building,  except  arch  forms  for  interior  arched  openings. 
(Added  by  chapter  286,  Laws  of  1891.  sec.  36.) 

Side  or  party  walls  not  to  precede  rear  wall. 

§  41.  In  no  case  shall  the  side,  end  or  party  wall  of  any  build- 
ing be  carried  up  in  advance  of  the  rear  wall. 

(Added  by  chapter  286,   Laws  of  1891,  sec.  26.) 


192  Charter  of  the  City  of  Al/ia.w. 

Lintels. — Arches. 

§  41i.  All  lintels  used  to  supiinii  walls,  or  oiher  wei;;lit.s  over  open- 
ings shall  be  of  sufficient  strength  and  bearing  to  carry  the  super- 
imposed we'.ghts,  and  iron  beams  or  lintels  shall,  where  supported 
at  the  end  by  briek  walls  or  piers,  rest  upon  an  iron  plate  at  letxst 
two  inches  thick,  the  full  size  of  the  bearing,  and  where  beams 
are  not  over  six  feet  in  length,  the  plates  may  be  omitted.  All 
arches  not  having  sufficient  piers  or  abutments  to  resist  the  thrust 
of  the  superinii)Osed  loads  shall  have  proper  and  sufficient  iron  ties. 
(Adrlod  l.y  chapter  2Sfi,   Laws  of  ISfll,  st-c.  36.) 

Brick  walls  to  be  anchored  at  angles. 

§  4.'{.  All  walls  of  a  brick  building  meeting  at  an  angle,  shall  be 
anchored  to  each  other,  every  six  feet  in  their  height,  by  wrought- 
iron  tie  anchors,  made  not  less  than  one  and  a  half  inches  by 
three-eighths  of  an  indi,  which  shall  be  securely  built  into  the 
side  or  partition  walls  not  less  than  thirty-six  inches;  and  into  the 
front  and  rear  walls  at  least  one-half  the  thickness  of  the  front 
and  rear  walls. 

(Added  by  chapter  286,   Laws  of  ISOl,  sec.  36.) 

Walls  in  which  beams  rest  to  be  anchored. 

§  44.  All  walls  of  a  brick  building  on  which  the  end  of  beams 
rest,  shall  be  anchored  at  each  tier  of  beams,  at  intervals  of  not 
more  than  six  feet  apart,  with  good,  strong,  wrought-iron  anchors, 
not  less  than  one  and  a  half  inches  by  half  an  inch,  well  built 
into  the  walls  and  fastened  at  the  top  of  the  beams,  and  where 
the  beams  are  supported  by  girders,  the  encLs  of  the  beams  resting 
on  the  girders  shall  be  butted  together,  end  to  end.  and  strapped 
by  wrought-iron  straps  or  tie  Irons,  at  the  same  distance  apart 
and  in  the  same  beams  as  the  wall  anchors,  and  shall  be  well 
fastened. 

(Added  by  chapter  2S6,   Laws  of  1891,  sec.  36.) 

No  openings  or  doorways  to  cut  through  party  wall  without 
permit. 

§  45.  No  openings  or  doorways  shall  be  cut  through  a  party  wall 
of  a  brick  building  without  a  permit  from  the  Chief  of  the  Fire 
Department,  and  every  such  doorway  shall  have  top,  bottom  and 
sides  of  brick,  stone  or  iron;  shall  be  closed  by  two  sets  of  iron  cr 
metal  covered  doors  (separated  by  the  thickness  of  the  wall),  to  be 
hung  to  rabbeted  iron  frames,  or  to  wooden  frames  entirely  cov- 


Relatia'g  to  Build /,\gs.  193 

ered  with  metal,  or  to  iron  hinges  in  brieli  or  stone  rabbets,  and 
shall  not  exceed  ten  feet  in  height  by  eight  feet  in  width;  any- 
opening  other  than  a  doorway  shall  be  protected  in  a  manner 
satisfactory  to  the  Chief  of  the  Fire  Department 

(Added  by  chapter  2.SC,   Laws  of  1S91,  sec.  36.) 
Iron  drains. 

§  46.  All  buildings  hereafter  erected  or  constructed  shall  have 
only  iron  drains  within  the  buildings  and  extending  five  feet  out- 
side of  the  wall  of  the  buildings,  and  where  said  drain  pipe  passes 
through  the  wall  there  shall  be  a  relieving  arch,  stone  liute! 
or  iron  pipe  inserted  to  relieve  said  iron  drain.  All  drains  below 
the  cellar,  the  floor  or  grade  shall  be  laid  with  proper  fall  to 
sewer,  in  a  trench. 

(Added  by  chapter  2S5,  Laws  of  1S91,  sec.  36.) 

Leaders. 

§  47.  All  buildings  .sLall  be  provided  with  iron  pipe  leaders  for 
conducting  the  water  from  the  roof  through  the  flues,  to  be  firmly 
himg  in  such  a  manner  as  shall  protect  the  walls  and  foundations 
from  damage,  and  in  no  case  shall  the  leaders  be  allowed  to  flow 
upon  the  sidewalk,  but  shall,  in  all  casis,  be  conducted  by  drain 
pipe  o"  pipes  to  the  sewer.  All  drain  pipe  hung  to  wall  or  ceiling 
shall   be   firmly   hung. 

(Added  by  chapter  2S6,  Laws  of  ISOl,  sec.  36.) 
Brick  piers  to  have  iron  caps. 

§48.  Brick  piers  under  lint.-l.s.  ginl.'rs  or  colunin.s  or  T»riek 
buildings  shall  have  a  cap  of  iron  at  least  two  inches  thick,  the 
full  size  of  the  pier;  all  piers  shall  be  built  of  the  best  quality  of 
good,  well-burnt,  hard  brick,  laid  in  cement  and  sand  mortar,  and 
well  wet  when  laid  in  warm  weather. 

(Added  by  chapter  2S;6,  Laws  of  1891,  sec.  36.) 

Piers  to  be  bonded. 

§  49.  Brick  piers  and  buttre.ssefi  shall  be  bonded  with  through 
courses,  leveled  and  bedded,  each  course,  and  where  their  founda- 
tions rest  upon  piles,  a  suflScient  number  shall  be  driven  to  insure 
a  proper  support. 

(Added  by  chapter  2S6,  Laws  of  ISOl,  sec.  36.) 

13 


194  Charter  of  the  C/tv  of  AIjRaxv. 

Columns,  how  placed. 

§  50.  Every  metal  columu  iu  a  brick  buildiuj,'  shall  rest  on  an 
u-on  plate  of  not  less  in  thickness  than  two  inches,  or  of  stone  of 
not  less  than  eight  inches  thick;  wooden  columns  supporting  ginl- 
ere  and  floors  in  euch  buildings  shall  set  on  inch  aud  a  half  iron 
plates,  with  sockets  or  counter  sinkages;  metal  columns  placed 
one  on  top  of  the  other,  shall  have  a  plate  at  the  top  of  each 
column,  with  projectors  on  both  sides  to  fit  into  cap  and  base  of 
columns,  to  prevent  slipping,  and  all  columns  shall  have  holes 
bored  where  directed  by  the  Chief  of  the  Fire  Department  into  and 
through  the  shell  at  right  angles  to  the  shaft,  so  as  to  show  the 
thickness  of  shell.  All  bearing  parts  of  columns  and  plates  shall 
be  turned  and  planed  to  true  surfaces. 

(Addod  l)y  chapter  2SG,   Laws  of  IV.-I,  sec.  36.) 

No  timber  to  be  used  in  place  of  brick  or  iron. — Bond  timbers. 

§  ~)1.  No  timber  shall  be  used  in  the  front  or  rear  walls  of  any 
building  hereafter  built,  erected  or  constructed  within  the  city, 
Avhere  brick  or  iron  is  commonly  used;  each  lintel  on  the  inside  of 
the  front  or  rear  walls  or  side  shall  have  a  secui-e  brick  arch  over 
it,  and  no  Avail  strips  in  any  wall  then^of  shallexceed  in  thickness 
one-half  of  an  inch  and  in  width  two  and  a  half  inches;  and  no 
bond  timber  iu  any  wall  thereof  shall  be  more  than  four  feet  in 
length,  and  such  bond  timbers  shall  be  laid  at  least  eighteen 
inches  apart  from  each  other,  longitudinally,  on  either  side  of  any 
wall,  and  the  continuous  line  thereof  shall  be  broken  every  four 
feet  by  inserting  bricks  of  not  less  than  twelve  inches;  and  no 
front,  rear  or  other  wall  of  any  such  building  now  erected  or 
hereafter  to  be  erected  as  aforesaid  Avithin  the  •city,  or  any  brick 
or  stone  building  or  buildings  in  tlie  city,  shall  be  cut  off  or 
altered  without  a  permit  so  to  do  haAiug  been  finst  obtained  from 
the  Chief  of  the  Fire  Department;  every  temporary  support  placed 
under  any  structure,  wall,  beam,  girder  or  column  during  the  erec- 
tion, finishing,  altering  or  repairing  of  any  building  or  part 
thereof  shall  be  equal  in  strength  to  the  permanent  support 
required  of  such  construction;  and  the  Avails  and  roof  of  every 
building  shall  be  strongly  braced  from  the  beams  of  each  story 
until  all  the  bearing  parts  of  the  construction  are  completed;  it 
shall  be  lawful  to  insert  a  lintel  of  wood  over  the  doors  and  Avin- 
dows  of  the  first  story  of  stores,  of  oak  or  Georgia  pine,  of  such 


Relating  to  Buildtngs.  195 

length  and  size  as  sliall  be  fimt  aiiinovtd  by  the  Chief  of  the  Fire 
Department. 

(Addod   l.y  chapter  286,   Laws  of  1891,  sec.  30.) 
Floors. — Floor  timbers. 

§  52.  All  floors  shall  be  constructed  to  bear  a  safe  weight  per 
superficial  foot,  exclusive  of  materials  as  follows:  For  dwellings, 
tenement  or  lodging  houses,  one  hundred  pounds;  for  buildings  for 
light  manufacturing  or  mechanical  purposes,  one  hundred  pounds; 
for  public  buildings,  one  hundred  and  fifty  iwunds;  tor  storehouses, 
warehouses,  machine  shops  and  heavy  mechanical  purposes,  two 
hundred  and  fifty  pounds;  these  requirements  shall  apply  to  all 
alterations,  as  well  as  to  new  buildings.  All  timbers  used  in  the 
construction  of  floors  or  roofs  shall  be  straight  grained  and  free 
from  large  and  loose  knots  or  weakening  shakes. 

fAdder]  by  chapter  2S6,   Laws  of  1891,  sec.  36.) 
Stirrup-irons. 

§  53.  Every  header  more  than  four  feet  long,  used  in  any  build- 
ing, shall  bo  hung  in  stirrup-irons,  of  suitable  dimensions  for  the 
size  of  the  timbers,  and  securely  joint  bolted.  All  tail  beams  shall 
be  properly  framed  or  hung  to  headers,  the  ends  of  all  floor  beams 
and  rafters  of  a  brick  building  entering  a  wall,  shall  be  cut  on  a 
splay  of  three  inches  in  their  width. 

(Added  by  chapter  2S6,   Laws  of  ISO!,  sec.  36.) 
Scuttle  frames  and  stairways 

§  54.  Every  building  in  the  city  of  Albany  shall  have  scuttle- 
frames  not  less  than  three  by  four  feet  in  size,  and  covers,  bulk- 
heads and  doors  on  the  roof,  made  of  or  covered  with  non-combus- 
tible material,  and  every  scuttle  shall  have  a  stationary  ladder, 
and  every  bulkhead  shall  have  a  suitable  stairway  with  sufficient 
guard  or  hand  rail,  to  be  ready  for  use  at  all  times  so  as  to  afford 
a  convenient  access  to  the  roof  in  case  of  fire,  and  in  manufactories, 
dwellings,  tenements  or  lodging  houses  such  scuttle  or  bulkhead 
shall  never  be  locked,  but  fastened  by  a  hook  or  bolt  on  the  inside, 
and  the  owner  or  occupant  of  any  building  not  complying  with 
these  requirements  shall  be  guilty  of  a  misdemeanor. 

(Added  by  chapter  286.   Laws  of  1891,  sec.  36.) 
Main  partitions. 

§55.  All  main  partitions  supporting  in  any  manner  floor  beam.s 
or  raftei-s  of  a  brick  building  shall  be  placed  directly  over  each 


196  Chah'iku  of  the  City  of  A  lb  a  a  v. 

other,  shall  rest  on  a  wall  or  mclaliie  sinlcr,  antl  shall  head  aud 
foot  against  each  other  as  far  as  practicable. 

(Added  by  chapter  286,   Laws  of  ISOI,  sec.  3G.) 

Walls  not  to  be  built  in  freezing  weather. 

§  50.  Stone  or  other  walls  shall  not  be  built  iu  freezing  weather, 
and  if  frozen,  shall  not  be  built  upon,  when  in  the  judgment  of  the 
Chief  of  the  Fire  Department  it  is  unsafe  so  to  do,  until  thawed 
and  rebuilt,  if  injured. 

(Added  by  chapter  2.SC,   Laws  of  ISOl,  sec.  36.) 

Halls  of  tenement  houses  to  be  enclosed  in  fire-proof  material. 
§57.  All  buildings  Avhich  are  known  as  tenement,  lodging  or 
apartment  houses,  which  are  arranged  for  or  occupied  by  four  or 
more  families  above  the  first  stoiy,  which  may  be  hereafter  built 
or  which  may  hereafter  be  altered  to  be  occupied  as  above  stated, 
shall  have  the  halls  and  stairs  inclosed  with  brick  walls  and  the 
floors,  stairs  and  ceilings  of  the  halls  shall  be  made  wholly  of  iron, 
brick,  stone,  slate  or  marble,  the  stairs  of  such  buildings  shall 
extend  to  the  roof  and  be  inclosed  witii  a  bulkhead  built  entirely  or 
fire-proof  material,  as  hereinbefore  provided. 

(Added  by  chapter  286,   Laws  of  1S91,  sec.  36.) 

Vaults  under  sidewalk. —  Area  railings. 

§  58.  In  buildings  where  the  space  under  the  sidewalk  is  utilized, 
a  sufficient  stone  or  brick  wall  shall  be  built  to  retain  the  road- 
way of  the  street,  and  the  size,  end  or  party  walls  of  such  build- 
ings shall  extend  under  the  sidewalk  to  such  curb-wall;  the  side- 
walk in  all  such  cases  shall  be  of  non-combustible  material  entire, 
aud  shall  be  adequately  supported  by  brick  walls  or  iron  beams 
aud  columns;  openings  in  such  walls  for  the  admi-ssion  of  coal  or 
light  shall  be  covered  with  lens  lights  in  iron  frames  or  with  iron 
covers  having  a  rough  surface.  No  plain  surfa<?e  of  glass  shall  be 
placed  in  any  sidewalks  where  any  one  glass  measures  more  than 
four  inches  square.  Also  open  areas  shall  be  properly  protected 
with  suitable  railings,  and  when  such  areas  shall  be  covered  over 
with  iron,  or  with  iron  or  glass  combined,  or  with  stone  or  other 
material  of  sufficient  strength  in  such  covering  shall  be  provided 
as  will  insure  safety  to  pei'sons  walking  on  the  same  and  to 
carry  the  loads  which  may  be  placed  upon  the  same, 
(Added  by  chapter  286,   Laws  of  1S91,   sec.  36.) 


liELATiyajro  BuiLDiyGs.  197 

Arches. 

§  59.  AH  arches  shall  be  at  least  four  inches  thick,  arches  over 
five  feet  spau,  shall  be  increased  in  thickness  toward  the  haunches 
l>y  additions  of  four  inches  in  thickness  of  brick;  the  hrst  addi- 
tional thickness  sliall  commence  at  two  and  a  half  feet  from  the 
center  of  the  sijan,  the  second  addition  at  six  and  a  half  feet  from 
the  center  of  the  span,  and  the  thickness  shall  be  increased  thence 
four  in<,'ht\s  for  every  additional  five  feet  of  spau  toward  the 
haunches,  or  the  space  between  the  beams  may  be  filled  in  with 
sectional  hollow  brick  of  burnt  clay,  or  some  equal  good  material, 
having  a  depth  of  not  less  than  one  and  one-half  inches  to  each 
foot  of  span,  a  variable  distance  being  allowed  ot  not  over  six 
inches  in  the  span  between  the  beams,  the  said  brick  arches  shah 
be  laid  to  a  line  on  the  center,  with  close  joints,  filled  with  cement- 
mortar  in  proportion  of  not  more  than  two  of  sand  and  to  one  of 
cement,  by  measure,  the  arches  shall  be  well  grouted  and  pinned 
or  chinked  with  slate  and  kej-ed. 

(Added  by  chapter  2S6,  Laws  of  1S91,  sec.  36.) 

Cornices  and  gutters. 

§  GO.  Cornices  and  gutters  of  all  brick  buildings  or  stone  build- 
ings hereafter  to  be  erected  or  constructed  shall  be  built  of  some 
non-combustible  material,  and  in  every  case  the  greatest  weight  of 
stone,  brick,  iron  or  other  material  of  which  the  cornice  shall  be 
constructed  of  shall  be  on  the  inside  of  the  outer  line  of  the  wall 
on  which  the  cornice  shall  rest,  in  the  proportion  of  three  to  wall 
to  two  to  cornice,  in  weight,  allowance  being  made  for  the  excess 
of  leverage  produced  by  the  projection  of  the  cornice  beyond  the 
face  of  the  wall,  and  all  fire-proof  cornices  shall  be  well  secured 
to  the  walls  with  iron  anchors  independent  of  any  wood-work,  and 
in  all  cases  the  walls  shall  be  carried  up  to  the  planking  of  the 
roof;  and  when  the  coi'nice  projects  above  the  roof,  the  walls  shall 
be  carried  to  the  top  of  the  cornice,  and  the  party-wall  shall,  in 
all  cases,  extend  up  above  the  planking  of  the  cornice  and  be 
coped,  and  all  exterior  wooden  cornices  that  may  now  be  or  that 
may  hereafter  become  unsafe  or  rotten  shall  be  taken  down,  and  if 
replaced  shall  be  constructed  of  some  fire-proof  material;  and  all 
exterior  cornices  of  wood  or  gutter  that  may  hereafter  be  damaged 
by  fire  shall  be  taken  down  and  if  replaced  shall  be  constructed  of 
fire-proof  material. 

(Added  by.  chapter  2S6,   Laws  of  1891,  sec.  36.) 


198  Charter  of  -iue  City  of  Albany. 

CMmneys. 

§  61.  No  chimney  shall  hereafter  be  erected  or  constructed  or 
permitted  to  remain  in  the  city  of  Albany  unless  built  of  brick, 
stone  or  iron,  and  the  inside  of  all  flues  or  chimneys  the  joints  shall 
be  struck  up  and  Khali  be  plastered  on  the  outside  below  the  roof 
after  having  been  insi^ected,  and  shall  have  a  fronting  of  masonry 
or  iron  supported  l)y  iron  or  corbels  of  brick  or  stone.  No  chim- 
ney shall  bo  hung  to  an  eight-inch  wall  or  boar  or  rest  upon  wood, 
and  no  chimury  corbelled  from  a  wall  shall  project  more  than  the 
thickness  of  the  wall. 

(Added  by  chapter  286,  Laws  of  1891,  sec.  36.) 

Chimneys. 

§  G2.  All  chimneys  and  all  Hues  in  all  buildings  hereafter  erected, 
constructed,  altered  or  rebuilt,  without  reference  to  the  purpose  for 
which  they  may  be  used,  shall  have  the  joints  struck  up  on  the 
inside,  and  the  lire-backs  of  all  chimneys  hereafter  erected  or  con- 
structed  shall  not  be  less  tlian  eight  inches  in  thickness  of  solid 
masonry.    And  no  tin  or  other  metal  flue  or  flues,  pipe  or  pipes,  or 
register  box  or  boxes,  of  a  single  thickness  of  metal,   used  and 
intended  to  be  used  to  convey  heated  air  in  any  building  hereafter 
built,  altered  or  repaired  in  the  city  of  Albany  shall  be  allowed 
unless  the  same  shall  be  built  in  a  wall  of  brick  or  stone;  in  all 
other  cases  the  said  flue  or  flues,  pipe  or  pipes,  register  box  or 
boxes  shall  be  made  double,  that  is,  two  pipes,  one  inside  the  othei', 
at  least  one-half  of  an  inch  apart,  and  no  wooden  furring  or  lath 
shall  be  placed  against  any  flue,  metal  pipe  or  pipes  used  to  convey 
heated  air  or  steam  in  any    building,    but  shall  be  lathed   with 
improved  iron  lath,  and  in  no  case  shall  wire  lathing  be  used,  and 
when  any  wall  shall  hereafter  be  furred  or  lathed  with  wood,  the 
space  between  the  lathing  and  wall  shall  be  filled  with  plaster  or 
brick,  at  the  top  and  bottom  under  the  sides  of  floor-beams  of  each 
story,  so  as  to     prevent  fire  from  passing  through  from  floor  to 
floor.    And  no  air  flue  shall  be  used  at  any  time  as  a  smoke  flue; 
no  steam  pipe  or  radiator  shall  be  placed  within  six  inches  of  any 
timber  or  woodwork  as  aforesaid;  no  base-flooring,  wainscot  or 
roofing  or  any  other  woodwork  shall  be  placed  against  any  brick 
or  other  flue  until  the  same  shall  be  well  plastei-ed  w'ith  plaster  of 
Paris  behind  such  woodwork.     All  flues  in  any  building  shall  be 
properly  cleaned  and  tested  upon  completion  of  all  such  buildings 
as  aforesaid.    No  chimney  shall  be  started  or  built  upon  any  floor 
or  beam  constructed  of  wood,  and  in  no  case  shall  a  chimney  be 


Relating  to  Buildings.  199 

corbelled  out  more  than  eight  inches  from  the  wall,  and  in  all 
cases  the  corbelling  shall  consist  of  at  least  five  courses  of  brick; 
but  if  supported  by  piers,  the  said  piers  shall  start  from  the  foun- 
dation on  the  same  line  with  the  chimney  breast,  and  sliall  not  be 
less  than  sixteen  inches  on  the  face,  properly  bound  into  the  walls. 
All  hearths  shall  be  supported  by  arches  of  brick  or  stone,  and  no 
chimney  in  buildings  already  erected  or  hereafter  to  be  erected  or 
constructed  shall  be  cut  off  below,  in  whole  or  in  part,  and  sup- 
ported by  wood,  but  shall  be  wholly  supported  by  brick,  stone  or 
iron,  and  all  chimneys  in  any  building  or  buildings,  as  aforesaid, 
already  erected  or  hereafter  to  be  erected,  or  any  other  chimney 
in  the  city  of  Albany  which  shall  become  dangerous  in  any  man- 
ner whatsoever,  shall  be  repaired  and  made  safe  or  taken  down; 
cupola  chimneys  of  founderies  and  chimneys  or  smoke-stacks  used 
for  conveying  of  the  smoke  of  any  steam  boiler  or  engine  in  man- 
ufactories or  work-shoi)s  shall  extend  at  least  five  feet  above  the 
highest  point  of  any  roof  within  a  radius  of  fifty  feet  of  such 
cupola,  chimney  or  smoke-stack,  and  be  covered  at  the  top  with 
spark  catchers  or  arresters  of  heavy  wire  netting. 

(Added  by  chapter  2SC,   Laws  of  1S91,  sec.  36.) 

Smoke  pipes. — Registers. 

§  G3.  No  smoke-pipe  in  any  building  with  wooden  or  combustible 
floors  or  ceilings  sliall  hen^after  enter  any  flue  unless  the  said  pipe 
shall  be  at  least  eighteen  inches  from  either  the  floors  or  ceilings, 
and  in  all  cases  where  smoke-pipes  from  stoves  pass  through  stud 
or  wooden  partitions  of  any  kind,  whether  the  same  be  plastered  or 
not,  they  shall  be  guarded  by  either  a  double  collar  of  metal  with 
at  least  four  inches  of  air  space  and  holes  for  ventilation,  or  by  a 
soap-stone  ring  of  not  less  than  three  inches  in  thickness  and 
extending  through  the  pai-tition,  or  by  a  solid  coating  of  plaster  of 
Paris  three  inches  thick,  or  by  an  earthen-ware  ring  three  inches 
from  the  pipe.  In  all  cases  where  hot  water,  steam,  hot  air  or 
other  furnaces  are  used,  the  furnace  smoke-pipe  must  be  kept  at 
least  two  feet  below  the  beams  or  ceiling  above  the  same,  unless 
said  beams  or  ceiling  shall  be  properly  protected  by  a  shield  or 
metallic  plate  suspended  above  said  smoke-pipe  with  sufficient 
space  for  the  ciix^ulation  of  air  above  and  below  said  shield;  and 
the  smoke-pipe  shall  in  all  cases  be  kept  at  least  eight  inches  from 
the  "beams  or  ceilings  as  aforesaid;  and  the  top  of  all  furnaces  set 
in  brick-work  must  be  covered  with  brick,  stone  or  metal  plate  sup- 


200  Charter  of  the  City  of  Alba^'Y. 

ported  by  irou  burs,  aud  so  constructed  as  to  be  perfectly  tigbt, 
said  coveriiig  to  be  in  addition  to  aud  not  less  than  six  inches  from 
the  ordinary  covering  to  the  hot-air  -chamber.  If,  however,  there  is 
not  height  enough  to  build  the  furnace  top  at  least  four  inches 
below  the  floor  beams  or  ceiling,  then  the  floor  beams  must  be 
trimmed  around  the  furnace,  aud  said  covering,  and  the  trimmers 
and  headers,  must  be  at  least  four  inches  from  the  same;  the  top 
of  eveiy  portable  furnace  not  set  in  brick  shall  be  kept  at  least 
twelve  inches  below  the  beams  aud  ceilings  with  a  shield  of  metal 
plate,  made  tight  aud  suspendcnl  below  said  beams  or  ceiliugis, 
and  extending  twelve  inches  beyond  the  top  of  the  furnace  on  all 
sides.  All  hot-air  registers  hereafter  placed  in  the  floor  or  partition 
of  any  building  shall  be  set  in  marble  or  soap-stone  borders  not  less 
than  two  inches  in  width,  all  borders  to  be  flrmly  set  in  plaster  of 
Paris.  And  all  register  boxes  to  be  made  of  tin  plate  with  a  flauge 
on  the  top  to  fit  the  groove  in  the  border,  the  register  to  rest  upon 
the  same.  There  shall  also  be  an  open  space  of  two  inches  on  all 
sides  of  the  register  box,  extending  from  the  under-side  of  the 
ceiling,  below  the  register  to  the  border  in  the  floor;  the  outside 
of  said  space  to  be  covered  with  a  covering  of  metal  plate,  maae 
tight  on  all  sides,  to  extend  from  the  under-side  of  the  aforesaid 
ceiling  up  to  and  turn  under  the  said  border.  Registers  twelve  by 
nineteen  inches,  or  less  than  fifteen  by  twenty-five  inches,  shall 
have  a  space  of  three  inches  between  the  register  box  and  casing. 
Registers  of  fifteen  by  twenty-five  inches  and  more  shall  have  a 
space  of  three  and  one-half  inches.  All  gas,  water  or  other  pipes 
which  may  be  introduced  into  any  building  shall  not  be  let  into 
the  beams  unless  the  same  be  placed  within  thirty-six  inches  of  the 
end  of  the  beams;  and  in  no  building  shall  the  said  pipes  be  let 
into  the  beams  more  than  two  inches  in  depth.  In  all  cases  where 
hot  water,  steam,  hot-air  or  other  heating  appliances  or  furnaces 
are  hereafter  to  be  placed  in  any  building,  due  notice  shall  first  be 
given  to  the  Chief  of  the  Fire  Department  by  the  person  or  persons 
placing  the  said  furnace  or  furnaces  in  said  building,  or  by  the 
contractor  or  superintendent  of  the  work. 

(.\dded  by  chapter  286,  Laws  of  1891,  sec.  36.) 

Placing  of  wooden  beams. 

§  64.  In  no  building,  whether  the  same  be  a  frame  building  o> 
otherwise,  shall  any  wooden  beam,  girder  or  timber  be  placed  on 
or  in  a  w-all,  within  sixteen  inches  of  the  inside  of  any  flue,  whether 


Relating  to  Buildings.  201 

the  same  be  a  smoke,  air  or  any  other  flue,  uor  shall  any  timber  be 
placed  under  any  fire-place  or  hearth^stone,  and  no  base,  wainscot, 
header,  or  other  wood-work  shall  be  placed  against  any  furnace  or 
boiler  flue,  unless  there  be  at  least  eight  inches  of  brick-work  and 
at  least  two  inches  of  plaster  of  Paris  between  it  and  the  flue.  All 
furnace  flues  shall  have  eight-inch  backs  or  side  walls,  and  the 
inside  four  inches  from  the  bottom  of  the  flue  to  the  top  of  the 
second  tier  of  floor  beams,  shall  be  of  fire-brick  laid  in  fire-clay 
mortar,  or  iron  pipe  of  suitable  size  set  in  fire-clay 
mortar,  provided  said  pipe  be  surrounded  with  an  air 
space  of  not  less  than  one  inch  and  four  inches  of 
brick-work.  In  casi-  any  furnace  flue  is  built  in  the 
usual  chimney-stack  and  is  opposite  to  the  trimmer  arch,  then  that 
side  of  the  flue  next  to  the  trimmer  arch  may  be  four  inches  thick. 
All  boiler  flues  shall  be  lined  with  four  inches  of  fire  brick  laid  in 
fire-clay  mortar  from  the  bottom  of  the  flue  to  the  height  of  fifteen 
feet,  or  to  the  top  of  the  second  tier  of  floor  beams,  and  no  flue 
shall  be  hereafter  used  as  a  furnace  or  boiler  flue  unless  entirely 
suitable  for  the  purpose,  and  such  existing  flues,  shall,  if  defective 
and  dangerous,  be  made  safe  in  the  manner  herein  specified.  And 
no  sm^ke-pipe  shall  project  through  any  external  wall,  window 
or  roof. 

(Added  by  chapter  2S6,   Laws  o*'  1891,  sec.  36.) 

Boilers  to  be  enclosed. 

§  65.  Every  building  in  which  a  steam  boiler  of  eight  or  more 
horse  power  is  placed,  shall  have  the  space  on  the  floor  allotted  for 
said  boiler  inclosed  in  brick-work,  or  some  non-combustible  mate- 
rial satisfactory  to  the  Chief  of  the  Fire  Department,  and  shall  be 
so  arranged  that  all  openings  between  the  said  boiler-room  and  the 
other  parts  of  the  building  in  which  it  is  placed,  shall  be  protected 
by  iron  or  metal  doors,  which  shall  be  closed  at  the  completion  of 
each  day. 

(Added  by  chapter  286,  Laws  of  1891,  sec.  36.) 

No  boilers  above  cellar  floor  without  permit. 

§  6G.  No  boiler  to  be  used  for  steam  or  motive  power,  and  no 
furnace  for  melting  materials  and  no  heater  or  range  of  any  kind 
shall  be  placed  upon  any  floor  above  the  cellar  floor,  unless  the 
same  is  set  upon  wrought-iron  beams  and  brick  arches,  and  in  no 
case  without  a  permit  from  the  Chief  of  the  Fire  Department.    All 


202  Charter  of  the  City  of  Alhany. 

wood-work  and  timbers  must  be  removed  from  under  and  around 
the  same.  And  no  boiler,  furnace  or  range  set  in  masonry  sliail 
hereafter  be  placed  or  its  location  changed  in  any  building,  except 
as  the  Chief  of  the  Fire  Department  shall  approve.  And  if  any 
chimney,  flue  or  heating  apparatus  of  any  kind  on  any  premises 
shall  endanger  the  premises  or  adjoining  premises,  it  shall  be  the 
duty  of  the  Chief  of  the  Fire  Department  to  at  once  notify  the 
owner  or  owners  or  agent,  of  said  premises  and  if  such  owner  or 
agent  fails  for  a  period  of  forty-eight  hours  aCter  being  served  with 
a  written  or  printed  notice,  to  make  such  •change  or  alteration  of 
such  chimney,  flue  or  heating  apparatus  safe,  he  or  they  shall  be 
guilty  of  a  misdemeanor. 

(Added  by  chapter  286,   Laws  of  1891.  sec.  36.) 

Skylights  over  well  holes. — Elevators  to  be  enclosed. — Chief  to 
make  regulations  as  to  passenger  elevator. — Well  holes  to 
be  protected. 
§  (57.  In  all  buildings  hereafter  erected  or  that  now  exist  in  which 
there  is  a  hoist-way,  freight  elevator  or  well-hole,  the  roof  imme- 
diately over  them  shall  be  covered  with  a  skylight  of  suitable 
dimensions.  All  passenger  or  freight  elevators  hereafter  placed  in 
any  building  shall  be  inclosed  in  solid  brick  walls  or  walls  of  non- 
combustible  material  to  be  approved,  extended  through  and  four 
feet  above  the  roof,  having  suitable  openings  in  the  same,  and  the 
roof  over  all  elevators  shall  be  made  of  tire-proof  material  and 
covered  with  a  glass  skylight,  and  to  be  so  arranged  as  to  be  read- 
ily opened  in  case  of  fire,  and  all  elevators,  either  passenger  or 
freight,  which  may  now  exist,  shall  have  a  trap-door  cut  into  the 
same  on  floor  of  -car,  to  be  fastened  with  countersunk  hinges,  so 
that  in  case  of  fire  a  line  of  hose  can  be  carried  to  the  top  of  the 
building.  The  Chief  of  the  Fire  Department  shall  make  such 
uniform  regulations  for  the  inspection  of  passenger  elevators,  with 
a  view  to  the  safety  of  passenger's,  and  shall  also  prescribe  such 
suitable  qualifications  for  persons  who  are  placed  in  charge  of 
running  passenger  elevators;  any  repairs  found  necessary  after  an 
inspection  are  to  be  made  without  delaj',  and  in  case  defects  are 
found  to  exist  which  would  endanger  life  by  the  continuous  use  of 
such  elevator,  then  upon  a  written  or  printed  notice  from  the 
Cliief  of  the  Fire  Department,  the  use  of  such  elevator  shall  cease, 
and  shall  not  again  be  used  until  a  certificate  shall  first  be  obtained 
from  the  Chief  of  the  Fire  Department  that  such  elevator  has  been 
placed  in  safe  order  and  is  fit  for  use.     And  every  store,  ware- 


Relating  to  Buildings.  203 

house,  factory  or  other  building  in  which  tliere  is  any  well-hole, 
hoistway,  hatchway  or  elevator,  the  openings  through  and  upon 
each  floor  of  said  store,  warehouse,  factory  or  other  building  shall 
be  provided  with  and  be  protected  by  good  and  sufficient  trap-doors 
or  self-closing  hatches  and  safety  catches  or  other  safeguards  to 
be  approved  by  the  Chief  of  the  Fire  Department,  and  shall  be 
kept  closed  at  all  times,  except  when  in  actual  use  by  the  owner  or 
occupant  having  the  use  and  control  of  the  same,  and  in  case  of 
any  violation  such  owner  or  occupant  having  the  use  or  control 
of  the  same  shall  be  guilty  of  a  misdemeanor. 

(Added  by  chapter  2S6,   Laws  of  1S91,  sec.  36.) 

Floor  space  not  to  be  encumbered. 

§  GS.  It  shall  be  unlawful  for  any  person  or  persons  having  the 
use  or  control  of  any  building  to  incumber  the  floor  space,  windows 
or  stairways  and  cellars,  with  boxes,  barrels,  casks  or  other  mate- 
rial unless  a  convenient  passage  shall  be  left  open  so  as  to  afford 
free  access  through  said  building  in  case  of  fire,  and  every  person 
or  persons  having  the  charge  or  control  of  any  building  shall  cause 
all  hay,  straw,  sacks,  bags,  paper  excelsior,  or  any  other  combus- 
tible material,  at  the  close  of  each  day  to  be  securely  stored  or 
removed,  so  as  to  be  safe  from  fire,  and  no  person  or  persons  shall 
deposit  ashes  or  cause  the  same  to  be  deposited  or  kept  in  any 
building,  except  the  same  shall  be  deposited  in  an  iron  or  other 
metallic  vessel  or  receptacle,  and  any  person  or  persons  having 
charge  of  any  building  who  shall  fail  to  comply  with  this  section 
shall  be  guilty  of  a  misdemeanor. 

(Added  by  chapter  2SC,  Laws  of  1S91,  sec.  30.) 

Unsafe  buildings. 

§  (j9.  Whenever  any  building  or  part  of  a  building  in  the  city  of 
Albany  shall  become  unsafe  by  reas<jn  of  its  use  or  mode  of  con- 
struction, said  Chief  of  the  Fire  Department  shall  have  power  to 
make  such  order,  relative  to  tlie  discontinuance  or  "modification  or 
such  use,  and  the  demolition,  repair  or  strengthening  of  such  build- 
ing, after  giving  the  parties  in  interest  a  written  or  printed  notice 
and  a  reasonable  opportunity  to  be  heard,  as  the  nature  of  the 
occasion  requires;  and  to  prohibit  the  use  of  such  building  or  part 
of  a  building  until  the  order  of  said  Chief  of  the  Fire  Department 
is  complied  witli;  such  order  .shall  prescribe  the  time  within  which 
such  use  shall  be  discontinued  or  modified,  or  such  demolition, 
repairs  or  strengthening  to  be  made,  and  the  said  Chief  of  the  Fire 


204  Charter  of  the  City  of  Albany. 

Department  shall  cause  a  certified  copy  of  said  order  to  be  served 
upon  the  owTier  or  occupants  of  any  such  building  or  part  of  a 
building,  or  the  agent  of  any  such  owner;  evei-y  owner  or  occupant 
of  any  building  or  part  of  a  building  who  shall  neglect  or  refuse  to 
comply  with  the  order  of  said  Chief  of  the  Fire  Department,  or  his 
agent  or  servants  relative  to  the  use  of  such  building,  or  part  of  a 
building  upon  notice  thereof,  as  hereinbefore  provided,  and  every 
owner  or  occupant  of  any  building  or  part  of  a  building  who  shall 
neglect  to  comply  with  the  order  of  said  chief  or  his  servants  rela- 
tive to  the  demolition,  repair  or  strengthening  of  such  building  or 
part  of  a  building,  or  the  use  of  the  same,  upon  notice  thereof  as 
herein  provided,  shall  be  deemed  guilty  of  a  misdemeanor. 
(Added  by  chapter  2S6,   Laws  of  1891,  sec.  36.) 

Lights  to  be  protected. 

§  70.  All  lights  used  in  theatres,  and  all  places  of  public  amuse- 
ments, stables,  manufactories,  show-windows  or  in  any  other  build- 
ing, shall  be  properly  protected  by  globes,  glass  coverings,  wire 
netting  or  screens  over  and  around  them.  Every  owner  or  occu- 
pant of  any  building  or  stinicture  now  erected  or  that  may  here- 
after be  erected,  failing  or  refusing  to  comply  herewith  shall  be 
guilty  of  a  misdemeanor. 

(Added  by  chapter  286,   Laws  of  1891.  sec.  36.) 

Piles  of  wood.  i 

§  71.  No  person  or  persons  shall  pile  or  cause  to  be  piled,  any 
boards,  timber,  shingles,  lath,  coi-d-wood  or  other  lumber  in  the 
vicinity  of  any  dwelling-house  in  the  c'ty  of  Albany,  at  less  dis- 
trance  from  such  dwelling-house  at  the  nearest  point  than  double 
the  height  of  such  pile.  Eveiy  person  or  persons  who  shall  neglect 
or  refuse  to  comply  with  this  section  shall  be  guilty  of  a  misde- 
meanor. 

(Added  by  chapter  286,   Laws  of  1891,  sec.  36.) 

Powers  of  Chief  in  case  of  fire. 

§  72.  The  Chief  of  the  Fire  Department  of  the  city  of  Albany 
shall  have  power,  with  necessary  assistance,  to  enter  any  building 
or  premises  for  the  puipose  of  extinguishing  or  checking  the  pro- 
gress of  fire,  or  securing  or  protecting  property,  and  he  may  direct 
the  leveling,  pulling  down  or  destruction  of  any  building  or  build- 
ings, or  any  part  or  portions  thereof,  he  may  judge  it  necessary  to 
level,  pull  down  or  destroy,  to  stay  the  further  progress  of  fire,  and 


Eelatlxg  tu  Buildixgs.  205 

it  shall  bo  lawful  for  him  to  enter  and  take  possession  of  any  build- 
ing or  buildings  or  any  portion  thereof  for  such  purpose.  And 
also  shall  have  power,  with  necessarj-  assistance,  to  order  and 
direct  the  leveling,  pulling  down  or  destruction  of  any  building  or 
buildings,  or  any  part  or  portion  thereof  he  may  judge  is  necessary 
to  level,  pull  down  or  destroy  on  account  of  or  by  reason  of  tht 
uusafe  or  dangerous  condition  of  the  same  occasioned  by  fire;  and 
it  shall  be  lawful  for  him  to  enter  and  take  possession  of  the  same 
for  such  purpose. 

Assistant  Engineer  in  absence  of  Chief. 

§  73.  The  act.s,  orders  and  directions  of  an  a.ssistant  engineer,  in 
the  absence  of  the  chief,  shall  be  deemed  the  acts,  orders  and 
directions  of  the  riii.'f  "f  tlx-  F:re  Department,  unless  counter- 
manded by  him. 

Penalty  of  violation  of  building  law. 

§  74.  The  owner  or  owners,  occupant  or  occupants,  lessee  or 
lessees  of  any  sti-ucture.  .staging,  buildings,  or  parts  thereof,  any 
kind  whatever,  upon  which  any  violation  of  this  title  may  be 
placed  or  shall  exist,  whether  he  or  they  may  be  the  owner  or 
owners,  occupant  or  occupants  of  the  land  in  fee  or  not,  or  be  the 
lessee  or  lessees  thereof,  or  hasi  or  have  a  qualified  or  contingent 
interest  therein  by  virtue  of  some  agreement  or  contract  in  writing, 
or  in  any  other  manner,  anj'  master,  architect  or  architects,  build- 
ers, carpenters  or  masons,  who  may  be  employed  or  assist  therein, 
and  any  and  all  pensons  who  shall  violate  any  of  tlie  provisions 
of  this  title  or  fail  to  comply  therewith,  or  any  requirements 
thereof,  or  shall  in  any  manner  be  liable  therefor,  shall  severally, 
for  each  and  every  such  violation  and  non-compliance,  respectively, 
forfeit  and  pay  a  penalty  in  the  sum  of  one  hundred  dollars;  and 
any  and  all  persons  who  shall  violate  any  of  the  provisions  of 
this  title,  or  may  be  employed  or  assist  therein,  or  who  shall  be 
liable  therefor,  shall  severally  for  every  such  violation  not  renaoved 
or  requirement  not  complietl  with,  within  a  reasonable  time,  after 
due  notice  thereof  shall  be  given  to  him  or  them  respectively,  for- 
feit and  pay  an  additional  penalty  in  the  sum  of  one  hundred  dol- 
lars, for  the  recovery  of  which  said  penalties,  or  either  of  them, 
an  action  may  be  brought  in  any  court  of  competent  jurisdiction, 
and  .whenever  any  judgment  shall  be  rendered  therefor  the  same 
shall  be  collected  and  enforced  as  prescribed  and  directed  by  the 


206  ClIAUTEK    OF  THE    CiTY  OF  ALBANY. 

Code  of  Civil  rrocodure  of  the  State  of  New  York;  provided,  liow- 
ever,  in  all  cases  of  violation  that  shall  be  in  existence  at  the  time 
this  title  takes  effect,  that  no  penalty  shall  attach  until  after  a 
notice  shall  have  been  given  l)y  requiring  the  removal  of  suoh 
violation  or  violations. 

(Added  by  chapter  2S6,   Laws  of  1S91,  sec.  36.) 

§  75.  Any  and  all  persons  who,  after  having  been  stn-ved  with 
notice  of  violation  as  hereinbefore  prescribed,  and  wlio  .sliall  fail  to 
comply  therewith,  and  shall  continue  to  violate  any  of  the  several 
provisions  of  this  title,  or  who  sliall  be  accessory  thereto,  shall  be 
deemed  guilty  of  a  misdemeanor,  and  upon  conviction  of  each  and 
every  offense  shall  be  fined  in  a  sum  not  exceeding  one  hundred 
dollars,  or  may  be  imprisoned  for  a  term  not  to  exceed  six  months. 

(Added  by  chapter  286,   Laws  of  1891,  sec.  36.) 

TITLE  XXI. 
Elkctions 
(As  amended  by  chapter  806.  Laws  of  1895,  sec.  14.) 
General  Election  Law  applicable. 

Section  1.  All  elections  in  said  city  shall  be  governed  by  the  pro- 
visions of  the  election  law  of  this  State,  except  as  herein  other- 
wise expressly  provided. 

City  officers  to  be  elected  at  charter  election. 

§  2.  The  oflicers  of  the  city  to  be  elected  at  the  charter  election 
shall  be  the  Mayor,  Kecorder,  Tolice  Justice  and  Justices  of  the 
City  Court.  ^ 

Elective  term  of  office  of  ward  officers. 

§  3.  The  electors  in  each  ward  shall,  at  each  charter  election, 
elect  one  Supervisox*  and  one  Alderman,  who  shall  each  hold  ofBoe 
for  two  years  from  and  after  the  first  daj'  of  January  next  after 
such  election.  The  tenns  of  office  of  the  Supervisors  of  said  city 
now  in  office  shall  expire  on  the  last  day  of  December,  eighteen 
hundred  and  ninety-five. 

Charter  election  when. 

§  4.  The  charter  election  shall  be  held  on  the  Tuesday  succeed- 
ing the  first  Monday  in  November,  in  the  year  eighteen  hundred 
and  ninety-five,  and  on  said  day  in  each  second  year  thereafter. 


Elections.  207 

Aud  the  muuifipal  yoar  shall  oonimonco  ou  the  first  day  of  Janu- 
ary following. 

Notice  of  election  to  be  published. 

§  5.  The  Clerk  of  the  Common  Council  of  said  city  shall,  at  least 
ten  days  before  the  charter  election,  cause  a  notice  to  be  inserted 
in  each  of  the  official  newspapers  of  said  city,  and  also  to  be  con- 
spicuously posted  in  five  or  more  public  places  in  each  election 
district,  containing  the  time  of  openingr  and  closing:  the  polls,  the 
place  designated  for  holding  the  election,  and  a  list  of  the  officers 
to  be  chosen.  i 

Official  oath. 

§  G.  Every  person  elected  or  appointed  to  any  office  under  the 
city  government  shall,  before  his  term  of  office  begins,  or  within 
ten  days  after  notice  of  his  appointment,  take  and  subscribe, 
before  the  Mayor,  or  before  any  judge  of  a  court  of  record,  an 
oath  or  affirmation  faithfully  to  perform  the  duties  of  his  office, 
which  oath  or  affirmation,  except  that  of  a  Commissioner  of  Deeds, 
shall  be  filed  in  the  Mayor's  office. 

Compensation  of  inspectors  of  election. 

§  7.  The  inspectors  of  election  in  said  city  shall  each  be  enti- 
tled to  five  dollars  for  each  day  spent  either  as  a  member  of  the 
board  of  registry  or,  on  election  day,  as  a  member  of  the  board  of 
inspector  of  election.  The  poll  clerks  shall  each  receive  five 
dollars  for  each  day  spent  as  such  poll  clerk. 

(The  Election  L,aw,  chapter  680,  Laws  of  1892,  sec.  17,  provides  that 
the  compensation  of  election  officers  In  each  election  district  shall  be 
a  charge  upon  the  town  or  city  in  which  such  election  district  is 
situated.) 

TITLE   XXII.  i 

Savini;  and  KKri:Ai,iN(i  ilausks. 
Ordinances  repealed,  etc. 

Section  1.  All  statutes  of  this  State  and  ordinances  of  said  city 
of  Albany  inconsistent  with  the  provisions  of  thus  act,  so  far  as 
the  same  relate  to  the  city  or  county  of  Albany,  are  hereby 
repealed;  but  such  repeal  shall  not  affect  any  right  already  exist- 
ing or  accrued,  or  any  liability  incurred  by  reason  of  any  violation 
of  any  law  heretofore  existing,  or  any  suit  or  proceeding  already 


208  CiiAh'Thii  OF  TiiK  City  of  Aijia.w. 

instituted,   ur  nftiuii    li:i(l   iiii<lrr   said    laws  or  ortlinaun-is,    uuloes 
otlu'nvisc  expressly  inDviili-.l  in  iliis  act. 

Acts  repealed. 

§  1'.  I'liapter  t\vi>  luiudn-d  and  niiu-  of  \Xw  Laws  (jf  iMghlt-eu 
lumdi'i'<l  and  eiKldy-onc,  i-liapltT  four  hundred  aud  thirty-two  of 
the  Laws  of  eifebtecu  hundred  and  soventy-niae,  and  chapter  one 
hundred  and  s<-'venty-threi'  of  the  Laws  of  elghtwn  huudriHi  and 
seventy-six  (except  the  section  designated  .section  fourteen  in  sec- 
tion two  of  said  act,  and  except  section  twelve  thereof,  which 
amends  section  thirty-six  of  title  twelve  of  chapter  seventy-seven 
of  the  Laws  of  eighteen  hundreil  and  seventy),  chapter  four  hun- 
dred and  foiiy-.seven  of  the  I^aws  of  eighteen  hundred  and  seventy, 
chapter  three  liundred  and  forty-two  of  tlie  Laws  of  eighteen  hun- 
dred and  seveiiiy  live.chaitter  four  hundred  and  sixty-eight  of  the 
Laws  of  eigiiteen  lnindre<l  and  i<oventy-live.  chapter  one  hundred 
and  forty-four  of  tlie  Laws  of  eighteen  hundred  and  seventy-two, 
chapter  three  hundred  and  two  of  the  T.jiws  of  eighteen  hundn"<l 
and  sevejity-two,  cluapter  five  hundred  and  thirty-six  of  the  Laws 
of  eighteen  hundred  and  seventy-one.  chapter  seven  hundred  and 
sixty-seven  of  the  Iiaw\s  of  eighteen  lnnidre<l  and  seventy-one, 
titles  one,  two,  thrcv.  four,  five,  six,  seven,  eight,  nine,  ten,  eleven 
and  thirteen  of  chapter  seventy-seven  of  the  Laws  of  eighteen 
liundred  and  seventy,  excei»t  as  it  is  herein  otln-rwise  exi»ressly 
piovided.  are  hendty  repealed. 


Far  1     I  I. 


LAWS  OF  THE  STATl:  OF  m 


AFri.ICABI.K     1"     UIK 


CITY    Ol     ALBANY 


Title    I. 


RELATING    TO    ASSESSORS,   ASSESSMENTS 
AND  TAXATION. 


CHAPTER  86  OF  THE  LAWS  OF  ISoO. 

Au  Act  to  pi-jvido  for  the  assessment  and  collection  of  taxes  in  the 
city  of  Albany. 

Passed   March   :;3,   185<J;     three-fifths  being  present. 
The  People  of  (he  State  of  Ntic  York,  irjinseutnl  in  Senate  and  Aascm- 
bly,  do  enact  as  folio ics : 

ARTICLE   L 
Ok  tiik  Hoaui)  ok  Assersoks. 
Assessors,  their  number  and  term  of  office. — Oath  of  office. 

Section  1.  Tlu'i-f  shall  br  chM-tt'd  at  tln'  next  and  everj'  fnture 
charter  eh-ftion  in  the  city  of  Albany,  by  general  ticket,  one 
Asses-sor.  to  .scrvi'  fur  thn-f  y<'ai-«,  who,  together  with  the  tAvo 
Assessors  already  ek"<jted  or  api>ointed  pursnant  to  the  provisions 
of  the  act,  chapter  one  hnndn-d  and  i-iKhti-en  of  the  Laws  of 
eighteen  hundred  and  forty-nine,  or  with  tJie  other  Assessors  here- 
after to  be  elected  or  appointed,  shall  forni  a  Board  of  Assessors 
for  the  whoU'  city.  The  Assessors  ele<:-ted  or  appolnte<l  as  herein 
provided  shall  take  the  oath  of  office  within  the  time  provided  1>,\ 
law  in  relation  to  other  city  officers,  and  file  the  same  with  the 
County  Clerk. 

(See  title  19  of  chapt.T  29?,  Liiws  1883,  ante.) 

Qualifications  and  duties. 

§  2.  The  said  Assessors  shall  possess  the  qualifications  and  be 
subject  to  all  the  liabilities  and  penalties  required  and  irai)osed 
by  any  law  relating  to  the  Assessors  of  the  city  of  Albany  now 
in  force,  consistent  with  the  provisions  of  this  act,  and.  they  shall 
perform  all  the  duties  provided  for  and  required  by  this  act. 


212  Laws  RKi.ATixa  to  rut: 

Compensation,  three  dollars  per  day. 

§  3.  Eac-h  one  uf  the  said  Assessors  shall  receive,  as  full  compen- 
sation, at  the  rate  of  three  dollars  iper  day  for  each  and  every  day 
devoted  to  the  duties  of  his  office,  for  all  services  perfonncd  by 
him,  not  exce<Mliiig  five  hundred  dollars  in  any  one  year;  and  his 
account  for  the  same  shall  be  made  out  an<l  veritie^l  by  aflidavit, 
and  presentetl  for  audit  to  the  Board  «.f  SupcrvisoiTi,  in  tlu'  man- 
ner and  fonu  now  prescribed  by  statute  in  relation  to  town 
Assessors. 

Vacancies. 

§  4.  The  Coniniun  Cuuncil  i>f  thr  city  of  Alliany  sliall  fill  any 
vacancy  which  may  occur  in  the  sai<l  Hoard  of  Ass^'ssor.s;  and 
the  person  so  appointcnl  shall  hold  his  ollice  until  tlie  next  charter 
election,  when  there  shall  be  elwtetl  an  Assessor  to  fill  the  original 
vacancy,  who  shall  hold  his  office  for  the  remainder  of  the  term 
of  the  Assessor  in  whose  place  ho  may  be  elected;  and  the  jwrson 
8o  appointed  or  elected  shall  perfonn  all  the  duties,  and  be  sub- 
ject to  the  liabilities  and  penalties,  and  receive  the  same  compensa- 
tion as  is  provided  for  the  Assessors  by  this  act. 
(  See  title  ]9  of  clmptcr  208.  Laws  1883,  nnte.) 

AK  riCLE  II. 

Op  tiik  mannkk  tn  which  Asskssmicnts  .\ue  to  be  made,  and  the 
Di'TiKs  ON  THE  Assessors. 

Assessment  when  to  be  collected. 

§  5.  Between  tlio  third  Tuesday  of  April  and  the  first  day  of 
September  in  every  year,  the  Board  of  As«ess<^)rs'  of  the  city  of 
Albany  shall  ascertain  by  diligent  inquiry  the  names  of  all  the 
taxable  inhabitants  in  the  several  wards  of  the  said  city,  and  also 
all  the  taxable  property,  real  or  personal,  within  the  same. 

Assessment  roll. 

§  0.  They  shall  prepare  an  assessment-roll  for  each  of  the  wards 
in  the  said  oity,  in  which  they  shall  set  down  in  separate  columns,. 
and  according  to  the  best  infoiination  in  their  power: 

iFirst  column  names. 

1.  In  the  first  column  the  names  of  all  the  said  taxable  inhabi- 
tants of  the  ward,  and  also  the  names  of  all  other  persons  having 
real  estate  belonging  to  them  in  the  ward. 


City  of  Albany.  213 

Second  column,  real  estate. 

2.  In  the  second  column,  and  oi)iK)site  the  name  of  each  such 
inhabitant  or  person,  a  brief  and  proper  description,  with  the 
dimensions  and  boundaries,  of  the  real  estate  in  the  ward  belong- 
ing to  such  inhabitant  or  person;  and  also  in  the  same  column  a 
similar  description  of  the  real  estate  in  the  ward,  the  owner  of  the 
freehold  of  whieli  is  unlvnown,  or  cannot  be  ascertained;  the  prop- 
erty so  to  be  described  shall  be  that  only  which  is  defined  to  be 
real  estate  by  the  general  laws  of  this  State  relating  to  the  aesess- 
nieiit  and  collection  of  taxes. 

Third  column,  value  of  real  estate. 

.'i.  Ill  the  third  coliunn,  and  opiHjsite  the  description  of  each 
parcel  of  real  estate,  the  full  value  of  such  real  estate. 

Fourth  column,  personal  property. 

4.  In  the  fourth  column,  and  ui.posite  the  name  of  each  inhabi- 
tant of  the  ward,  the  full  value  of  all  tlie  taxable  personal  prop- 
erty owned  by  such  inhabitant,  after  dtnhicting  the  just  debts 
owing  by  him,  and  his  prnperty  invested  in  any  stock  of  any  cor- 
lK)ratiou  or  a^isodatiou  liable  to  be  taxed  for  such  stock  as  capital 
or  otherwise. 

Real  estate  of  unknown  owners,  how  assessed. 

S7.  When  tin-  frerh.)ld  of  any  real  eslnt.-  in  the  said  city 
belongs  to  any  inhabitiint  ther«-of,  or  belongs  to  any  person  not 
being  an  inhabitant,  or  the  ownership  ther.Mjf  is  unknown,  and 
cannot  by  reas.mable  inquiiT  be  asc-ertained  by  the  said  Assessors, 
and  said  real  t«tate  shall  be  <>c-eupied  by  a  tenant  of  the  owner 
or  otherwi.se,  the  same  may  Ix-  as.«<«-«seil  to  such  owner  of  a  free- 
hold, or  it  may  be  assessed  to  the  occupant  thereof,  in  the  discre- 
tion of  tlie  Assessors.  Any  a.s*;essment  for  the  purpose  of  taxa- 
tion of  any  person  for  any  real  estate  in  said  city,  which  may  be 
made  against  or  in  the  name  of  the  person  in  whose  name  the 
record  title  to  sai.l  r.-al  estates,  as  appc-ars  by  the  records  in  the 
Albany  County  Clerk's  otiice.  is  at  the  time  of  such  assessment, 
shall  be  valid,  and  any  tax  levied,  laid  or  imposed  upon  the  real 
estate  or  against  the  person  so  assessed  shall  be  and  constitute 
a  lien  upon  said  real  estate  and  may  be  enforced  by  a  sale  thereof, 
but  ghall  not  be  against  the  iK-rson  holding  the  record  title  to  the 
property,  unless  he  be  the  owner  thereof  in  fact. 
(As  amended  by  chapter  156,  Laws  of  1885.) 


gl^4  Laws  II elating  to  the 

Beal  estate  held  by  trustees.— And  personal  property. 

§  8.  The  real  and  personal  estate  held  by  guardians,  executors, 
administrators  or  other  trustees  shall  be  a-ssossed,  distinct  from 
their  tlieir  individual  property,  and  shall  be  carried  out  in  a  sepa- 
rate line  under  tlieir  names,  or  under  the  name  of  any  one  of  them, 
wliere  there  are  several,  with  the  addition  of  their  representative 
character.  Such  assessment  sliall  be  made  in  all  respects  as  herein 
provided,  with  respect  to  individual  property,  except  that  there 
shall  bo  deducted  from  the  estimated  value  of  the  personal  prop- 
erty, any  debts  justly  owing  by  the  party  or  estate  so  represented, 
or  by  such  trustee,  guardian,  executor  or  a(bninistrator  in  his  rep- 
resentative character,  and  any  stoi-k  lield  by  him  in  such  character 
in  any  conwration  or  association  liable  to  be  taxed  therefor  as 
capital  or  otherwise. 

Persons    applying    to    have    town    assessment    reduced,    to    be 
examined  under  oath. — Examination  to  be  reduced  in  writ- 
ing, etc. — ^Indorsement  to  be  made  in  case  of  disagreement. — 
Copy  to  be  furnished  aggrieved  party. 
§  t>.  Whenever  any  ijor^iou,  on  his  own  l>ehalf.  or  on  behalf  of 
those  whom  he  may  represent,  shall  apply  to  the  Board  of  Assess- 
ors of  the  city  of  Albany  to  reduce  the  value  of  his  real  and  per- 
sonal estate,  as  set  down  in  the  assessment-roll,   it  shall  be  the 
duty    of   such   Assessors    to    examine    such    person,    under   oath, 
touching  the  value  of  his  or  their  said  real  and  personal  estate; 
and  after  such  examination,  and  such  other  supplementary  evi- 
dence, under  oath,  as  shall  be  pivsented  by  the  party  or  pei'sou 
aggrieved,  tliey  shall  fix  the  value  thereof  at  such  sum  as  they 
may  deem  just,  under  the  rule  prescribed  by  subdivision  four  of 
section  six  of  article  second  of  this  act,  and  of  section  ten  of  this 
act;  but  if  such  person  shall  refuse  to  answer  any  question  as  to 
the  value  of  his  i^eal  or  personal  estate,  or  the  amount  thereof, 
or  present  sufficient  supplementary  evidence,  under  oath,  to  justify 
a  reduction,  the  said  Assessors  shall  not  reduce  the  value  of  such 
real  or  personal  estate.    The  examination,  so  taken,  shall  be  writ- 
ten, and  shall  be  subscribed  by  the  person  examined,  and  shall  be 
filed  in  the  office  of  the  Clerk  of  the  Common  Council  of  the  city; 
and  any  person  who  shall  willfully  swear  falsely  on  such  examina- 
tion before  the  Assessors,  shall  be  deemed  guilty  of  willful  and 
corrupt  perjury.    It  shall  also  be  the  duty  of  the  Assessors,  when- 
ever the  valuation  fixed  by  them,   after  such  examination  shall 


City  of  Albany.  215 

exceed  that  sworn  to  by  the  aggrieved  party  or  person,  to  indorse 
on  the  written  examination  the  words  "  disagreed  to  by  the  under- 
signed Assessors,  under  the  rule  prescribed-  for  making  assess- 
ments, by  section  ten  of  this  act,  and  in  view  of  the  obligations 
imposed  by  the  deposition  and  oath,  subscribed  and  made  on  the 
completion  of  the  assessment-roll,  to  which  this  disagreement 
refers."  It  shall  be  the  duty  of  the  assessors,  on  the  same  occa- 
sion, to  furnish  the  aggrieved  party  or  person  a  duplicate  copy  of 
the  before-mentioned  written  examination,  together  with  the 
indorsement  of  disagreement  aforesaid  duly  signed.  The  Board 
of  Assessors  of  the  city  of  Albany  shall  have  power  to  administer 
oaths  to  any  person  applying  to  them  under  thp  provisions  of 
this  section. 

(As  amended  by  chapter  284,  Laws  of  1881.) 

Kule  of  valuation. 

§  10.  All  real  and  personal  estate  liable  to  taxation,  the  value 
of  which  shall  not  have  been  specified  by  the  affidavit  of  the  per- 
son assessed,  shall  be  estimated  by  the  Board  of  Assessors  at  its 
full  value,  as  they  would)  appraise  the  same  in  the  payment  of  a 
just  debt  due  from  a  solvent  debtor. 

Corporations,  when  assessed. 

§  11.  The  coiporations  or  associations  liable  to  taxation,  whr>se 
principal  ofl5ce  or  place  of  transacting  the  financial  business  of 
such  company  is  situated  in  the  city  of  Albany,  shall  make  the 
same  returns  to  the  Board  of  Assessors  aforesaid,  or  one  of  them, 
within  the  same  time,  and  subject  to  the  same  penalties  for  neglect 
as  prescribed  in  the  general  laws  of  the  State  in  respect  to  returns 
by  such  corporations  to  Assessors  of  towns  and  wards;  and  in 
case  of  neglect  to  make  such  return,  the  said  Assessors  shall 
nevertheless  proceed  to  assess  the  said  corporations  according  to 
the  best  information  in  their  power,  in  the  same  manner  as  if  such 
returns  had  been  fully  made;  but  neither  such  assessment,  nor 
the  payment  of  any  tax  pursuant  thereto,  shall  exonerate  such 
defaulting  corporation  or  association  from  the  penalty  incurred  by 
neglecting  to  make  any  such  return. 

Rolls,  when  to  be  completed.— Notice  of  completion. 

§  12.  The  Board  of  Assessors  shall  complete  the  assessment-rolls 
on  or  before  the  first  day  of  September  in  every  year;  and  they 
shall  forthwith  cause  notices  hereof  to  be  published  in  three  of 


2l(j  Laws  Relatlxg  to  tiik 

the  publk  newspapers  of  the  said  city,  to  be  published  therein 
respectively  at  least  twenty  days. 

Contents  of  such  notices. 

■  §  13.  SiK-h  notices  shall  set  forth  that  the  Assessors  have  com- 
pleted their  aseessment-rolls,  and  that  the  same  are  at  tlu'  Assess- 
ors' office  in  the  City  Hall,  where  they  may  be  sci'u  and  e.vamined 
by  any  of  the  inhabitant/5  of  the  city,  or  any  persons  interested, 
during  twenty  days;  and  that  the  Board  of  Assessors  will  meet 
on  a  certain  day  at  the  expiration  of  such  twenty  days,  specifying 
such  day,  at  their  office  iu  the  City  Hall,  and  remain  in  session 
five  days,  for  the  puri>ose  of  reviewing  their  assessments,  on  the 
application  of  any  person  conceiving  liiinself  aggrieved. 

Rolls  open  to  inspection. 

§  14.  The  Assessors  sluill  sul)niit  their  assesvsment-rolls,  at  their 
office  in  the  City  Hall,  during  tlie  twenty  days  specilie<l  in  suvh 
notice,  to  the  inspection  of  all  persons  Avho  shall  apply  for  that 
purpose. 

Review  and  reduction  of  valuation. 

§  15.  The  Board  of  Assess<nis  shall  meet  at  the  time  and  place 
specified  in  the  notice,  and  on  the  application  of  any  person  con- 
ceiving himself  aggrieved  by  their  assessment,  shall  review  the 
same;  and  when  the  person  objecting  tlu'reto  shall  not  piwiously 
have  made  affidavit  concerning  the  value  of  his  property  as  herein 
provided,  the  Board  of  As^sessors  shall,  on  the  affidavit  of  such 
person,  made  as  herein  pwvided,  reduce  their  assessment  to  the 
sum  specified  iu  sU'Ch  affidavit. 

Other  proof  than  his  own  affidavit  admitted. 

§  16.  If  the  person  objecting  to  the  assessment  can  show  by 
other  proof  than  his  own  affidavit,  to  the  satisfaction  of  the  Board 
of  Assessors,  that  such  assessment  is  erroneous,  the  Board  of 
Assessors  shall  review  and  alter  the  same  without  requiring  any 
such  affidavit. 

Property  in  hands  of  agent,  how  assessed. 

§  17.  When  any  person  in  ix>ssession  of  taxable  personal  prop- 
erty, as  agent  for  another,  shall  make  affidavit  of  the  fact,  speci- 
fying the  property  so  held  and  the  value  thereof,  and  the  name 


City  of  Alba.\t.  217 

and  residence  of  tlie  owner,  if  it  appear  that  tlie  same  is  exempt 
from  taxation  in  this  State,  or  that  the  same  is  taxable  in  some 
other  citj-.  xovra  or  ward,  or  to  some  other  person  than  such  agent, 
the  Board  of  Assessors  shall  not  include  tlio  same  in  their  assess- 
ment of  the  property  of  such  agent;  but  if  the  owner  be  an  inhabi- 
tant of  the  said  city,  he  shall  be  assessed  therefor;  and  if  the 
same  be  taxable  in  any  other  city,  town  or  ward,  the  said  Assess- 
ors shall  transmit  a  copy  of  smh  affidavit  to  the  Assessors  of  such 
town,   ward  or  city. 

Affidavits,  before  whom  taken. 

§  18.  The  affidavits  epecilied  in  this  act  shall  be  made  before 
the  Board  of  Assessore,  or  one  of  them,  or  any  judge  of  a  court 
of  record,  Justice  of  the  Peace,  or  Commissioner  of  Deeds,  either 
of  whom  is  hereby  authorized  to  administer  an  oath  for  that  pur- 
pose; and  the  Board  of  As.scssurs  shall  eaiLse  all  such  affidiavits  to 
be  filed  in  the  Assessoits'  office. 

Hells,  when  to  be  signed. — Certificate. 

§  10.  If  nu  objections  be  ujade  to  thrir  assessments,  or  imme<li- 
ately  after  they  .shall  have  disposed  of  the  objections,  the  Board 
of  Assessors,  or  a  majority  of  tlieui,  shall  sign  the  assc-ssment- 
rolls  of  the  resiwctive  wanls  of  the  city,  and  shall  attivch  thereto 
a  certificate,  which  shall  also  be  signed  by  them,  in  the  following 
form:  "  We  do  severally  certify  that  we  have  set  down  in  the 
foregoing  asse.ssment-roll,  all  the  real  estate  situated  in  (first  or 
other  ward,  as  the  case  may  f>e.>.  according  to  our  fje.st  informa- 
tion; and  that,  with  the  exceiJtion  of  those  cases  in  which  the 
value  of  the  said  real  estate  has  been  sworn  to  by  the  owner  or 
possessor  thereof,  we  have  estimated  the  value  of  the  said  real 
estate  at  the  sums  which  a  majority  of  the  Board  of  Assessors 
have  decided  to  be  the  true  value  thereof,  and  at  which  they  would 
appraise  the  same  in  payment  of  a  just  debt  due  from  a  solvent 
debtor;  and  also  that  the  said  assessment-roll  contains  a  true 
statement  of  the  aggregate  amount  of  the  taxable  personal  estate 
of  each  and  eveiy  pci-son  named  in  the  said  roll,  over  and  above 
the  amount  of  debts  due  from  such  person  respectively,  and  exclud- 
ing such  stwks  as  are  otherwise  taxable;  and  that,  with  the 
exception  of  those  cases  in  which  the  value  of  such  pei-sonal  estate 
has  been  sworn  to  by  the  owner  or  possessor,  we  have  estimated 
the  same  according  to  our  best  information  and  belief." 


^18  Laws  Rk latino  to  the 

Rolls  to  be  delivered  to  supervisors. 

§  20.  The  assessment-rolls,  thus  certified,  shall,  ou  or  before  the 
first  day  of  November  iu  every  year,  be  delivered  by  the  Board  of 
Assessors  to  the  Supervisors  of  the  several  wards  in  the  city  of 
Albany  respectively,  who  shall  deliver  the  same  to  the  Board  of 
Supervisors  at  their  next  meeting. 

Copy  to  be  delivered  to  board  of  assessors. 

§  21.  The  Board  of  Supervisors  of  the  city  and  county  of  Albany 
shall  cause  a  fair  copy  of  the  corrected  assessment-ix>ll  of  each 
wai'd  in  the  city  of  Albany  to  be  delivered  to  the  Board  of 
Assessors,  instead  of  the  Town  Clerk,  as  was  heretofore  required 
by  law. 

If  one  assessor  neglects  his  duty,  the  acts  of  the  other  two  are 
valid. 
§  22.  If  any  Assessor  shall  neglect,  or  from  any  cause  omit  to 
perform  his  duties,  tlie  other  Assessors  shall  perform  such  duties, 
and  shall  certify  to  the  Supervisors,  with  their  assessment-rolls, 
the  name  of  such  delinquent  Assessor,  stating  therein  the  cause 
of  such  omission;  and  in  such  cases  the  pi'oceedings  and  acts  of 
any  two  Assessors  shall  be  as  valid  as  if  done  by  the  whole. 

Assessors'  office  in  City  Hall. 

§  23.  It  shall  be  the  duty  of  the  Common  Council  of  the  city  of 
Albany  to  establish,  by  ordinance,  an  Assessors'  office,  which  shall 
be  located  in  the  City  Hall  of  the  said  city,  where  shall  be 
deposited  and  kept  for  the  public  use  and  inspection,  under  suitable 
regulations,  the  corrected  assessment-ix)lls,  maps  of  all  the  taxable 
real  estate  within  the  city,  the  records  of  the  Board  of  Assessors, 
affidavits  and  statements  of  property,  and  all  other  papers  which 
may  have  been  received  by  any  of  the  assessors,  and  which  may 
be  in  any  wise  connected  with  the  assessments  for  taxation. 

Assessment  of  taxes  on  real  and  personal  estate  to  be  separate 
and  distinct. 
§  24.  Tlie  Supervisors  of  the  county  of  Albany,  in  assessing  the 
taxes  to  be  raised  ou  real  and  peiisonal  estate  in  the  city  of  Albany, 
shall  set  down  in  a  column  to  be  prepared  for  that  purpose  in 
the  assessment-rolls  of  the  dilTerent  wards,  opposite  to  the  amount 
of  personal  estate  assessed  to  each  inhabitant  of  the  said  city,  the 


City  of  Albany.  ^19 

6um  in  dollars  and  cents,  rejecting  the  fraction  of  a  cent,  to  be 
paid  as  a  tax  thereon;  and  in  like  manner  shall  set  dowTi  in  the 
said  column  opposite  to  the  amount  or  value  of  any  real  astate 
assassed  in  such  rolls,  the  sum  in  dollars  and  cents  to  be  paid  as 
a  tax  on  such  real  estate,  so  that  the  amount  of  tax  on  personal 
estate  and  that  on  real  estate  shall  always  appear  separate  and 
distinct. 

ARTICLE  III. 
Of  the  Rkckiveu  of  'J'.vxes. 
[Repealed  by  title  X,  chapter  77  of  the  Laws  of  1870.] 

ARTICLE  IV. 

Of  the  Mannek  i.n  which  T.\xks  .\ke  to  be  Collected,  and  the 
Duties  of  the  Receivek  of  Taxes. 
[Repealed  by  title  X.  chapter  77  of  the  Laws  of  1870.] 

ARTICLE  V. 

Of  the   Duties   a.vd   Poweks  of  the  County  Treasurer  in  the 
Collection  of  Taxes. 

Treasurer  not  to  give  Comptroller  account  of  unpaid  taxes.— 
Whole  amount  of  State  tax  to  be  paid  to  Comptroller. 
§  41.  It  shall  not  be  the  duty  of  the  County  Treasurer  of  the 
county  of  Albany  to  transmit  to  the  Comptroller  any  account  of 
unpaid  taxes  assessed  uixju  coiijorations,  or  uixjn  the  lands  of  non- 
residents or  of  unknoAvn  owners  in  the  city  of  Albany,  or  any  Col- 
lector's affidavit  in  relation  thereto;  nor  shall  the  Compti-oller 
credit  the  said  Countj-  Treasurer  with  any  unpaid  taxes  on  lands, 
or  upon  corporations;  but  the  whole  amount  of  any  State  tax 
imposed  on  proi>erty  in  the  city  of  Albany  shall  be  paid  by  the 
County  Treasurer  to  the  Treasurer  of  the  State,  on  or  before  tlie 
first  day  of  July  after  tlie  same  shall  have  been  assessed  upon  the 
real  and  personal  estate  of  the  said  city,  retaining  the  compensa- 
tion to  which  he  may  be  entitled. 

Loan  for  deficiency.— Comptroller  may  extend  time. 

§  42.  If  there  are  not  sulficieut  funds  then  in  the  county  treas- 
ury standing  to  the  credit  of  the  city  of  Albany  to  pay  such  State 
tax.  the  County  Treasurer  shall  give  immediate  notice  of  the 
amount  of  the  deficiency  to  the  Chamberlain  of  the  city  of  Albany, 
and  the  Common  Council  of  the  said  city  shall  immediately  make 


220  LA]ys  Relating  to  the 

provisions  fur  tlio  payment  of  tliii  same  by  temi>orary  loans.  The 
Comptroller  may  extend  tlie  time,'  for  the  payment  of  such  defi- 
ciency for  not  more  than  four  niontlis.  charsiug  interest  tliereou 
at  the  rate  of  six  per  cent,  ix'r  annum  from  the  isciid  linst  day 
of  July. 

Taxes  on  lands  imperfectly  described  to  be  reported  to  super- 
visors.— Rejected  taxes,  how  assessed. — Correct  description 
of  land  to  be  made. 
§43.  Till'  County  'I'rcasurcr  sliali  exMiiiine  tlie  accounts  of  anvai"S 
of  taxes  received  from  the  Receiver  of  City  Taxes,  and  shall  reject 
all  taxes  ou  lands  that  shall  be  imperfectly  described,  and  all 
taxes  so  erroneously  assessed  in  form  or  substance  that  the  collec- 
tion of  the  same  cann<jt  be  enforccnl,  and  shall  deliver  a  transcript 
thereof  to  the  Board  of  Supervisors  at  their  next  meeting.  The 
Suixjrvisors  shall  charge  tlu'  lands  or  persons  intended  to  have 
been  assessed  for  the  said  rejected  taxes  with  the  amount  of  the 
same  respectively,  adding  thereto  the  interest  in  arrear,  at  the 
rate  of  twelve  per  cent,  per  annum,  to  be  calculated  fixim  the  first 
day  of  Febi-uary  when  the  said  taxes  were  payable,  stating  the 
tax  for  each  year,  with  the  interest  separately,  and  shall  direct 
the  collection  thereof  in  the  same  manner  as  the  taxes  of  the  year. 
The  SuiR'rvisor  of  the  ward  to  which  such  rejected  taxes  shall  be 
assessed,  on  account  of  any  imijerfection  in  tlie  description  of  the 
lands  assessed,  shall,  together  with  the  Board  of  Assessors,  cause 
a  correct  description  of  such  land  to  be  entered  in  the  next  asses»*- 
ment-roll. 

Proceedings  in  case  of  warrants  returned  uncollected. 

§  44.  In  every  case  in  which  a  warrant  issued  by  the  Receiver 
of  Taxes  for  the  collection  of  any  tax  on  real  or  personal  property, 
or  both,  shall  be  returned  uncollected,  in  whole  or  in  part,  and 
the  said  Receiver  shall  have  been  discharged  from  liability  there- 
for, the  County  Treasurer  may  maintain  au  action  for  the  recovery 
of  the  amount  so  remaining  unaiaid  and  uncollected,  with  interest 
at  the  rate  of  twelve  per  cent,  per  annum,  to  be  calculated  from 
the  first  day  of  February  wlien  the  said  tax  w^as  payable,  in  his 
name  of  office,  against  the  person  or  coi-poration  liable  for  such 
tax,  or  the  representatives  of  such  person  or  corporation,  in  any 
court  of  competent  jurisdiction,  in  which  the  proceedings,  costs, 
judgments  and  executions  shall  be  the  same,  and  with  the  like 


City  of  Albany.  221 

effect,  as  in  actions  between  other  public  officers  and  individuals; 
and  the  amount  collected  shall  be  applied  in  the  same  manner  as 
if  paid  to  tlie  County  Treasurer  by  tlie  Receiver  of  Taxas;  but  any 
interest  so  collected  shall  be  credited  to  the  city  of  Albany. 

ARTICLE  VI. 

Of  S.\les  ok  Lands  fou  unpaid  Taxes,  and  the  Conveyance  and 
Redemi'tion  of  such  Lands,  and  Genkkau  Provisions. 

Sale  of  land  for  unpaid  taxes. — Expense  of  sale,  how  paid. 

§  45.  Whenever  any  tax  charjjed  on  real  estate  returned  to  the 
County  Treasurer,  and  the  interest  thereon,  at  the  rate  of  twelve 
per  cent,  ix'r  annum,  to  be  calculated  from  the  first  day  of  Febru- 
ary, when  such  tax  was  i)ayable,  shall  remain  unpaid  for  one  year 
from  the  said  first  day  of  Februaiy,  tlie  said  County  Treasurer 
shall  proceed  to  advertLse  and  sell  such  real  estate,  in  the  manner 
herein  providtnl.  for  the  payment  of  sucli  tax  and  interest,  and 
the  expenses  of  such  sale.  The  expenses  of  publishing  lists  and 
notices,  and  of  ■conducting  the  sale,  shall  be  a  charge  on  the  lands 
sold,  and  shall  be  added  to  the  tax  and  interest. 

Notice  of  sale  three  times  a  week  for  three  months. 

§  4<;.  The  said  County  Tn^asurer  shall,  immediately  after  the 
expiration  of  the  aforesaid  one  year,  cause  to  Ite  published  once 
a  week,  for  twelve  weeks.  In  two  of  the  public  newspapers  of 
the  city  of  Albany,  a  list  or  statement  of  the  real  estate  with 
such  tax  and  the  interest  tliercon,  and  so  lialde  to  be  sold,  and 
also  a  notice  that  tlie  said  n-al  cstatf  will  on  a  day.  at  the 
expiration  of  the  .said  twelve  weeks,  to  be  specified  in  sucli 
notice,  and  the  succeeding  days.  I)e  sold  at  public  auction,  at  the 
City  Hall  in  the  city  of  Alliany,  for  the  lowest  term  of  years  ni 
which  any  person  shall  offer  to  take  the  same,  in  consideration 
of  advancing  the  sum  necessary  to  discharge  the  taxes,  interest 
and  charges  aforesai<l.  which  may  be  due  thereon  at  the  time 
of  sale.  Such  sale  shall  commence  on  some  daj-  previously  to 
the  first  day  of  July  in  the  year  in  wliich  tlio  said  notice  is 
published. 

(As  amended  by  chapter  486,  Laws  of  1851.) 

§  47.  On  the  day  mentioned  in  the  said  notice,  the  said  County 
Treasurer  shall  commence  the  sale  of  such  real  estate,  and  he 
shall  continue  the  same  from  day  to  day  until  each  parcel  shall 
be  disposed  of. 


222  Laws  Relating  to  the 

§  48.  The  purch.'isors  at  sucli  sale  shall  pay  the  amouut  of  their 
respective  bids  to  the  isaid  County  Treasurer,  within  forty-eight 
hours  after  the  sale;  and  after  such  payment  shall  have  been  made, 
llhe  said  County  Treasurer  shall  give  to  the  purchaser  of  any  such 
real  estate,  a  certificate  in  writing,  describing  the  real  estate  pur- 
chased, the  sum  paid,  and  the  time  for  which  the  purchaser  will 
be  entitled  to  the  possession  thereof;  and  such  purchaser  and  his 
legal  representatives  may,  immediately  upon  receiving  the  said 
certificate,  by  virtue  thereof  and  of  this  act.  lawfully  possess,  hold 
and  enjoy  the  said  real  estate,  for  his  and  their  own  proper  use, 
until  the  term  for  which  the  same  was  sold  shall  be  complete  and 
ended;  and  he  may  cause  the  occupant  of  such  real  estate  to  be 
removed  therefrom,  and  the  possession  thereof  delivered  to  him 
In  the  same  manner  and  by  the  same  proceedings,  by  and  before 
the  same  officers,  as  In  the  case  of  a  tenant  holding  over  after 
the  expiration  of  his  terra,  without  permission  of  his  landlord. 

Redemption  within  two  years. 

§  49.  The  owner  of,  or  any  person  interested  in,  any  real  estate 
sold  for  taxes  as  aforesaid,  may  redeem  the  same  at  any  time 
within  two  years  after  the  last  day  of  such  sale,  by  paying  to  the 
said  County  Treasurer,  for  the  use  of  the  purchaser,  his  heirs  and 
assigns,  tlie  sum  mentioned  in  his  certificate,  and  tlie  interest 
thereon,  at  the  rate  of  twelve  per  cent,  per  annum,  to  be  calcu- 
lated from  the  date  of  such  certificate. 

If  not  redeemed  purchaser  entitled  to   a   deed. — County  Treas- 
urer's fee  for  deed  one  dollar. 

§  50.  If  such  real  estate  sold  for  taxes,  or  any  portion  thereof, 
be  not  redeemed  as  herein  provided,  the  said  County  Treasurer 
shall  execute  to  the  purchaser,  his  heii\s  or  assigns,  a  conveyance 
of  the  real  estate  so  sold,  which  shall  vest  in  the  grantee  an  abso- 
lute estate  for  the  term  of  years  mentioned  in  his  certificate,  sub- 
ject, however,  to  the  lien  of  any  apportionment  or  assessment  for 
the  improvements  made  by  the  Mayor,  Aldennen  and  Commonalty 
of  the  city  of  Albany.  The  County  Treasurer  shall  be  entitled  to 
demand  and  receive  from  the  purchaser  one  dollar  for  preparing 
such  conveyance. 


('iTY  OF  Albany.  223 

Conveyance  how  made  and  witnessed. — Moneys,  how  applied. — 
Interest,  how  applied. 

§  51.  Every  such  conveyance  shall  be  executed  by  the  Treasurer 
of  the  county  of  Albany,  uuder  his  hand  and  seal,  and  the  execu- 
tion thereof  shall  be  witnessed  by  the  Receiver  of  Taxes  of  the 
city  of  Albany;  and  it  shall  be  conclusive  evidence  that  the  sale 
was  regular,  and  also  presumptive  evidence  that  all  the  previous 
proceedings  were  regular  according  to  the  provisions  of  this  act. 
The  moneys  received  by  the  said  County  Treasurer,  upon  every 
such  sale  of  real  estate,  for  taxes,  interest  and  charges,  shall  be 
applied  by  him,  after  deducting  the  expenses  of  the  sale,  in  like 
manner  as  if  the  same  had  been  paid  to  him  by  the  said  Receiver 
of  Taxes;  but  the  interest  so  received  shall  be  credited  to  the  city 
of  Albany. 

§  52.  Whenever  any  purchaser  under  such  sales  shall  be  unable 
to  recover  possession  of  the  real  estate  sold  to  him  by  reason  of 
any  error  or  irregularity  in  the  assessment  of  any  person  or  pi"op- 
erty,  or  in  the  levying  of  any  tax,  or  in  any  proceedings  for  the 
collection  of  a  tax,  the  Board  of  Supervisors  of  the  said  county 
shall,  at  any  time  within  si.x  years  from  such  sale,  reimburse  the 
purcliase-monoy  so  paid,  with  interest;  and  uiK)n  tlicir  refusal  to 
neglect  to  do  so,  the  same  may  be  recovered  by  an  action  against 
them,  and  shall  be  paid  by  the  County  Treasurer,  if  he  have 
moneys  in  his  hands  sufficient  for  the  purpose,  not  otherwise 
.specifically  appropriated,  upon  the  production  of  a  certified  copy 
of  the  judgment;  and  if  he  have  no  such  moneys  in  his  hands, 
then  the  same  shall  be  added  to  the  amount  of  the  taxes  to  be 
levied  on  the  city  of  Albany,  and  collected  in  the  same  manner  as 
other  contingent  expenses,  and  when  collected,  shall  be  paid  over 
to  such  purchaser;  provided,  hftwcver,  that  no  money  shall  be  paid 
by  the  County  Treasurer  under  the  provisions  of  this  section  imtil 
the  party  to  whom  such  money  is  to  be  paid  shall  have  delivered 
to  the  Assessors  of  the  city  of  Albany  a  transcript  of  that  part  of 
the  record  of  the  return  taxes  which  relates  to  the  property  in 
question,  theretofore  furnished  to  the  County  Treasurer  by  the 
Receiver  of  Taxes  of  said  city,  duly  certified  by  said  County  Treas- 
urer, and  shall  file  with  the  County  Treasurer  a  receipt  indorsed 
upon  a  duplicate  thereof,  signed  by  one  of  the  Assessors  of  said 
city,  or  by  their  clerk,  to  the  effect  that  such  transcript  has  been 
filed  with  the  Board.  Whenever  any  such  transcript  .shall  be  filed 
with  the  Board  of  Assessors,  the  said  Board  shall,  when  the  next 


224  Laws  li elating  to  the 

assessmt'iit-rall  for  tlie  ward  iii  which  said  iproi>orty  iw  situated  is 
prepared,  enter  a  description  of  said  pi-oporty  therein,  together 
with  the  name  of  the  then  owner  tliei'eof  and  the  valuation  of  said 
pix)perty,  in  addition  to  and  uiM^n  a  line  below  that  containing  tlie 
valuation  and  description  for  the  then  cun'ent  year,  and  add 
thereto  a  statement  of  the  rate  of  taxation  for  the  year  for  which 
said  refunded  tax  was  levied.  The  property,  when  so  entered 
upon  said  assessment-roll,  shall  bo  assessed  at  an  amount  which 
shall  not,  in  any  event,  exceed  the  assessed  valuation  thereof  in 
the  year  in  which  such  refunded  tax  was  originally  levied,  ana 
said  assessment  shall  be  subject  to  all  the  provision.^  of  law  in 
eveiy  respecit  relating  to  the  assessment  of  taxes  in  the  city  of 
Albany;  and  all  proceedings  subsequent  to  the  making  of  such 
assessments  shall  be  tlie  same  as  if  said  assessment  were  made 
for  the  purpose  of  the  taxes  of  the  then  current  year,  and  all 
notices  and  hearings  and  rights,  powere  and  duties  of  owners 
and  assessors  and  other  officials  provided  for,  given  or  done  pur- 
suant to  any  law.  shall  as  fully  apply  to  such  pmperty  and  the 
assessment  thereof  as  to  the  property  entered  upon  said  roll  for 
the  pui-pose  of  levying  the  tax  for  the  then  current  year.  It  shall 
be  the  duty  of  the  Board  of  Supervisors,  when  a  tax  shall  next 
thereafter  be  levied  upon  such  property,  to  relevy  a  tax  thereupon 
for  the  year  for  which  such  tax  was  refiinded  at  the  rate  for  said 
year,  and  all  subseq\ient  proceedings  shall  be  taken  and  had  in 
the  same  manner  as  if  such  relevy  were  the  levy  made  for  the 
tax  of  the  then  current  year.  Said  tax  shall  be  carried  out  on  a 
different  line  and  be  treated  as  a  distinct  tax  from  that  for  the 
current  year  upon  the  same  property,  and  sliall  not  in  any  event 
exceed  the  amount  of  the  original  tax  levied  for  the  year  for  which 
the  tax  was  refunded,  and  the  same  shall  be  collected  and  paid 
in  all  respects,  in  the  same  manner,  as  is  provided  by  law  for  the 
collection  and  payment  of  taxes  in  said  city.  Whenever  any  prop- 
erty upon  which  a  tax  has  been  refunded  shall  have  been  sub- 
divided, the  Assessors  and  Supervisors,  in  assessing  and  levying 
the  tax  as  above,  shall  apportion  the  same  among  such  subdi- 
visions  thereof. 

(As  amended   by  chapter  429,   Laws   of  1889,   and  by  chapter  20, 
Laws  of  1890.) 

General  laws  of  the  State,  when  applicable. 

§  53.  Where  no  provision  on  the  subject  is  made  in  this  act,  all 
the  general  laws  of  this  State  in  relation  to  the  assessment  and 


City  of  Albany.  225 

collection  of  taxes,  particularly  those  relating  to  the  canceling  of 
any  tax  which  shall  shall  have  been  paid  to  any  collector;  the 
repayment  of  any  tax  paid  more  than  once;  the  payment  of  a  part 
of  a  tax  on  land,  by  any  person  claiming  a  part  of  such  land;  the 
redemption  of  lands  sold  for  taxes  by  persons  claiming  an  undi- 
vided share  or  a  specified  portion  thereof;  the  effect  of  such 
redemption  in  reducing  the  land  to  be  conveyed;  the  effect  of  any 
such  sale  of  land  for  taxes  upon  the  lien  of  any  mortgage  thereon; 
the  right  of  a  mortgagee  to  redeem  the  same;  the  consequence  of 
a  neglect  to  do  so  after  notice,  and  the  lien  of  the  mortgagee  for 
the  amount  paid  on  such  redemption;  the  authority  to  withhold 
conveyances  when  it  shall  be  discovered  that  any  sale  of  land 
for  taxes  was  invalid  or  in<?Efectual  to  convoy  a  title,  and  to 
refund  the  purchase-money  and  interest  to  the  purchaser,  shall, 
so  far  as  they  are  applicable,  be  in  force  in  respect  to  the  assess- 
ment and  collection  of  taxes  in  the  city  of  Albany,  and  the  sale 
of  lands  for  taxes,  except  that  when  any  authority  is  given,  or 
duty  enjoined  by  those  laws  on  the  Comptroller  of  the  State,  the 
same  authority  shall  be  exercised,  and  the  same  duty  shall  devolve 
on,  the  County  Treasurer  of  the  city  and  county  of  Albany. 

County  Treasurer  may  employ  a  clerk. 

§  54.  For  discharging  the  additional  duties  imposed  upon  the 
County  Treasurer  by  this  act,  the  said  Treasurer  is  hereby  author- 
ized to  employ  a  clerk,  at  an  expense  not  exceeding  three  hundred 
dollars  in  any  one  year;  and  the  Board  of  Supervisors  may  audit 
his  account  for  the  same,  when  it  shall  have  been  duly  verified 
liy  afiidavit.  and  presented  to  the  said  board  in  the  manner  and 
form  now  required  by  law. 

Repeal. 

§  55.  The  following  acts  and  parts  of  acts,  viz.:  An  act  to  change 
the  time  for  the  collection  of  taxes  in  the  city  and  county  of 
Albany,  and  for  other  puriK)ses,  passed  May  fourteenth,  eighteen 
hundred  and  forty;  An  act  for  the  collection  of  taxes  in  the  city 
of  Albany,  passed  May  fourteenth,  eighteen  hundred  and  forty- 
five;  An  act  to  amend  article  second  of  the  act  "  for  the  collec- 
tion of  taxes  Ln  the  city  of  Albany,"  passed  May  fourteenth,  eigh- 
teen hundred  and  forty-five,  passed  November  sixteenth,  eighteen 
hundred  and  forty -seven,  are  hereby  repealed;  and  all  other  acts 
fnconsistent  with  the  provisions  of  this  act,  are  hereby  repealed 
so  far  as  respects  the  city  of  Albany;  but  such  repeal  shall  not 

15 


226  Laws  Relating  to  the 

revive  any  act  already  repealed,  nor  affect  any  appointment  to 
any  oflHce  heretofore  created,  which  is  continued  by  this  act,  or 
any  act  done,  or  right  accrued,  or  any  suit,  proceeding  or  prosecu- 
tion had  or  commenced,  or  any  penalty  incurred  previous  to  the 
passage  of  this  act. 
§  5G.  This  act  shall  take  effect  immediately. 


CHAPTER  486  OF  THE  LAWS  OF  1851. 

An  Act  to  amend  the  acts  relating  to  the  city  of  Albany,  passed 
March  23.  1850,  and  April  12,  1842. 

Passed  July  10,  1851;    three-flfths  being  present. 

I'he  People  of  the  State  of  New  York,  represented  hi  Senate  anil  Assem- 
bly, do  enact  as  folloxcs : 

Section  1.  [Amends  §  4G  of  article  VI  of  chapter  8G,  Laws  1850, 
ante,  p— .] 

Proceedings  in  case  purchaser  neglects  to  pay. 

§  2.  If  any  purchaser  at  any  sale  of  lands  for  unpaid  taxes,  here- 
tofore made  or  hereafter  to  be  made  pursuant  to  the  provisions 
of  the  act  hereby  amended,  shall  neglect  or  refuse  to  pay  the 
amount  of  his  bid  or  bids  within  the  time  mentioned  in  the  forty- 
eighth  section  of  said  act,  the  County  Treasurer  may  state  an 
account  against  such  purchaser  and  deliver  it  to  the  District 
Attorney  of  the  county  of  Albany,  who  shall  be  entitled  to  recover 
the  same,  with  costs,  from  such  purcliaser,  by  an  action  in  the 
name  of  the  County  Treasurer,  and  for  that  purpose  he  shall 
forthwith  cause  a  suit  to  be  instituted  therefor,  or  the  County 
Treasurer  may,  in  his  discretion,  resell  the  said  lands  upon  which 
such  bids  so  remaining  unpaid  were  made,  as  hereinafter  pro- 
vided. 

Resale,  when  to  be  made. 

§  3.  At  any  time  after  the  expiration  of  ten  days  after  the  sale 
of  any  lauds  for  unpaid  taxes,  made  in  pursuance  of  the  act  hereby 
amended,  when  any  purchaser  at  such  sale  shall  not  have  paid  the 
amount  of  his  bid,  or  the  same  shall  not  have  been  collected  from 
him,  it  shall  be  lawful  for  the  County  Treasurer  to  cancel  such 
sale,  by  which  all  the  rights  of  said  purchaser,  under  such  bid, 
shall  be  extinguished. 


City  of  Albany.  221 

Certificates  of  sale. 

§  4.  When  the  County  Treasurer  shall  have  canceled  any  sale  in 
the  manner  herein  provided,  he  may  issue  a  certificate  of  such 
sale  to  any  other  person  who  shall  pay  the  amount  of  such  cer- 
tificate, which  would  be  payable  by  the  original  purchaser  in  case 
the  said  sale  had  not  been  canceled.  If  such  certificate  cannot  be 
thus  sold,  the  lot,  piece  or  parcel  of  land  upon  which  the  tax  was 
charged  shall  be  included  in  the  list  of  land  advertised  for  sale  at 
the  next  ensuing  sale,  and  the  amount  due  thereon  (in  which  shall 
be  included  with  the  tax  the  costs  and  expenses  of  the  previous 
sale,  together  with  interest  on  the  same,  at  the  rate  of  twelve 
per  cent,  per  annum)  shall  be  added  to  any  other  tax  interest  or 
charges  which  may  be  properly  charged  thereon  at  such  sale,  and 
shall  then  bo  sold  in  the  same  manner  as  other  lands  are  sold 
at  such  sale. 

Certificate  to  new  purchaser. 

§  5.  The  change  of  purchaser,  if  the  County  Treasurer  shall  sell 
the  certificate  as  provided  in  the  last  previous  section,  shall  be 
noted  in  the  sales  books,  and  the  time  when  made  and  the  certifi- 
cate issued  to  sucli  now  purchaser,  shall  vest  in  him  and  his  legal 
representatives  the  same  right  he  would  have  acquired  had  he 
been  the  successful  bidder  at  the  sale. 

All  bids  to  be  paid  before  certificate  to  be  delivered. 

§  6.  No  certificate  shall  be  delivered  by  the  County  Treasurer 
to  any  purcliaser  at  sucli  sale,  until  after  the  said  purchaser  shall 
have  paid  the  full  amount  of  all  his  bids. 

Fire  limits. 

§  7.  No  wooden  building  of  any  description  shall  hereafter  be 
erected  within  the  limits  or  bounds  now  prescribed  by  the  ordi- 
nances of  the  Common  Council  of  the  city  of  Albany  prohibiting 
the  erection  of  wooden  buildings,  or  within  snch  extended  limits 
or  bounds  as  may  hereafter  be  prescribed  by  said  Common  Coun- 
cil; and  so  much  of  the  sixty-fourth  section  of  the  act,  entitled 
"An  act  to  combine  into  one  act  the  several  acts  relating  to  the 
city  of  Albany,"  passed  April  twelfth,  eighteen  hundred  and 
forty-two,  as  is  inconsistent  with  this  amendment,  is  hereby 
repealed;  and  the  removal  of  any  wooden  building  within  such 
limits,  as  the  same  are  now  fixed  or  may  hereafter  be  extended, 


228  Laws  Relating  to  thk 

from  any  one  place  to  any  other  place  within  said  limits  shall  be 
taken  and  deemed  to  be  an  erection  of  such  building  within  the 
meaning  of  the  sixty-fourth  and  sixty-fifth  sections  of  said  act, 
and  subject  the  proprietor  or  proprietors  thereof  to  all  the  penal- 
ties imposed  by  the  said  sixty-fifth  section  of  said  act. 
§  8.  This  act  shall  take  effect  immediately. 


CHAPTER  153  OF  THE  I^WS  OF  1876. 
An  Act  to  require  the  filing  of  maps  in  the  Assessors'  office  in  the 
city  of  Albany. 
Passed  April  22,  1876;    three-fifths  being  present. 
The  People  of  the  State  of  New  York,  represented  in  Senate  and  A»sein- 
bly,  do  enact  as  follows  : 

Maps  to  be  filed  in  assessors'  oface  in  certain  cases. 

Section  1.  Whenever  a  piece  or  parcel  of  land,  situate  in  the 
city  of  Albany,  shall  be  offered  for  sale  or  sold  and  a  map  thereof 
made,  It  shall  be  the  duty  of  the  owner  or  owners  to  file  forthwith 
a  copy  of  said  map  in  the  office  of  the  Assessors  of  said  city. 

Penalty  for  neglect  or  refusal. 

§  2.  Any  person  or  persons  who  shall  refuse  or  fail  to  comply 
with  the  first  provision  of  this  act  shall  incur  a  penalty  of  twenty- 
five  dollars  for  each  offense,  to  be  recovered  by  civil  action  in 
the  name  of  the  city  of  Albany. 


CHAPTER  79  OF  THE  LAWS  OF  18S3. 

An  Act  to  regulate  the  transaction  of  business  in  the  county  of 

Albany 
Passed  March  7,  1883;    three-fifths  being  present. 
The  People  of  the  State  of  Neic  York,  represented  in  Senate  and  Assem- 
bly, do  enact  as  fillmrs  : 

****  ****** 

Moneys  to  be  disbursed  by  City  Chamberlain. 

§  11.  The  amount  of  salaries  of  the  Assessors  of  the  city  of 
Albany,  as  provided  for  by  chapter  four  hundred  and  forty-seven 
of  the  Laws  of  eighteen  hundred  and  seventy,  shall  hereafter  be 
included  in  the  tax  budget  of  said  city,  and  be  received  and  paid 


City  of  Albaxt.  229 

out  monthly  by  the  Chamberlaiu  of  said  city  instead  of  by  the 
County  Treasurer. 

(This  is  the  only  section  of  ihie  act  that  relates  to  the  city  of  Albany. 


CHAPTER  513  OF  THE  LAWS  OF  1883. 

An  Act  in  relation  to  the  exhibition  of  the  assessment-rolls  of  the 
city  of  Albany,  and  delivery  of  the  same  to  the  clerk  of  the 
Board  of  Supervisors. 

Passed  June  2,  1883;    three-fifths  being  present. 

The  PeopU  of  the  State  of  JS'eic  York,  represented  in  Senate  and  Assem- 
bly, do  enact  as  follows  : 

Completed  assessment-rolls  to  remain  in  custody  of  assessors 
and  be  open  for  examination. 
Section  1.  The  completed  assessment-rolls  of  the  city  of  Albany, 
after  having  been  opened  for  inspection,  as  required  by  chapter 
eighty-six  of  the  Laws  of  eighteen  hundred  and  fifty,  shall  remain 
in  the  custody  of  the  Assessors,  who  shall  verify  the  said  com- 
pleted assessment-rolls  and  open  the  same  for  public  inspection 
and  examination  from  the  third  Thursday  in  November  to  the 
fourth  Thursday  in  November  in  each  year,  of  which  opening  of 
said  verified  assessment-rolls  fifteen  days  prior  notice  shall  be 
given  by  a  publication  of  such  notice  daily  for  such  fifteen  days 
in  three  of  the  public  newspapers  of  the  said  city.  And  such 
opening  of  the  assessment-rolls  and  such  notice  shall  be  deemed 
a  compliance,  in  the  city  of  Albany,  with  the  requirements  of 
chapter  two  hundred  and  sixty-nine  of  the  Laws  of  eighteen  hun- 
dred and  eighty. 

When  to  be  delivered  by  clerk  of  board  of  supervisors. 

§  2.  The  completed  and  verified  assessment-rolls  of  the  city  of 
Albany  shall  be  delivered  by  said  Assessors  to  the  clerk  of  the 
Board  of  Supervisors  on  or  before  the  first  day  of  December  of 
each  year. 

§  3.  All  acts  or  parts  of  acts  inconsistent  with  the  provisions  of 
this  act  are  hereby  repealed. 

§  4.  This  act  shall  take  effect  immediately. 


230  Laws  Ek latino  to  tiik 

chapter  522  of  the  laws  of  1887. 

An  Act  to  authorize  the  Board  of  SupeiTisors  of  Albany  county  to 
correct  erroneous  assossmeuts,  and  to  repay  taxes  erroneously 
collected. 

Passed  June  3,  1887;    three-fifths  being  present. 

'The  People  of  the  State  of  New  York,  rejuiseiited  in  /Se/iate  and  Assem- 
bly, do  enact  as  follows  : 

Duties  of  assessors,  as  to  correction  of  errors. — Duty  of  board 
of  supervisors. 

Section  1.  Whenever  any  manifest  clerical  error  shall  exist  in  the 
transcribing  of  any  assessment  or  tax,  or  in  carrying  out  the 
amount  of  any  tax  levied  upon  any  property,  or  agaiuist  any  per- 
son or  corporation  in  any  town,  village,  city  or  ward  in  the  county 
of  Albany,  during  the  two  years  last  past,  or  shall  hereafter  occur 
in  the  tax-rolls  or  other  records,  it  shall  be  the  duty  of  the  Assess- 
ors of  such  town,  village,  city  or  ward  where  such  clerical  error 
shall  have  occurred  to  furnish  to  the  person  or  coii)oration  injured 
thereby  a  transcript  of  tihe  assessment  or  record  in  which  such 
error  shall  exist,  with  a  statement  of  what  the  error  was  and  the 
excess  of  the  tax  levied  or  paid  in  consequence  thereof,  which 
transcript  and  statement  shall  be  signed  by  a  majority  of  such 
Assessors.  The  person  or  corporation  injured  by  such  error  may 
thereupon  present  a  claim  for  sucli  excess  to  the  Board  of  Super- 
visors of  Albany  county,  in  the  manner  prescribed  by  law  for 
the  presentation  of  claims  against  the  county  of  Albany,  and  the 
same  shall  be  considered  and  acted  upon  by  said  board,  and  be 
allowed  and  audited  at  such  sum  as  shall  be  proper,  and  the  sum 
so  allowed  shall  be  deducted  from  the  tax  levied  against  such  per- 
son or  corporation,  or,  if  already  paid,  shall  be  repaid  to  him  or  it. 

§  2.  This  act  shall  take  effect  immediately. 


City  of  A  lb  Ayr.  231 

CHAPTER  159  OF  THE  LAWS  OF  1874. 

An  Act  to  legalize  and  confirm  all  laws,  ordinances  and  resolutions 
heretofore  passed  by  the  Common  Council  of  the  city  of  Albany, 
and  approved  by  the  Mayor  thereof,  directing  or  authorizing  the 
construction  or  building  of  any  drain  or  sewer,  together  with  the 
contracts    made  or  entered    into  thereunder    by  said  Common 
Council  or  Board  of  Contract  and  Apportionment  of  said  city, 
to  provide  for  the  taking  and  acquiring  of  real  estate  and  appur- 
tenances for  the  purpose  of  constructing,  building  or  maintaining 
any  drain  or  sewer  built,  or  to  be  built,  or  constructed,  assessing 
thJ  damages  and  re<.ompense  of  the  owiu-r  or  owners  thereof, 
and  for  the  apportionment  and  assessment  of  such  damages  and 
recompense,  and  the  expense  of  building  and  constmcting  such 
drain   or   sewor.   with   the   incidental   expenses   attending  The 
same,  and  for  the  enforcing  and  collecting  of  such  apportion- 
ments and  assessments. 

Passed  April  10,  1S74;    three-fifths  being  present. 
The  People  of  the  Slate  of  Xeir  York,  represented  in  Senate  and  .■U>^7n- 
bly,  do  enact  as  follows  : 

Ordinances,  contracts,  etc.,  legalized. 

Section  1.  All  laws,  ordinances  and  resolutions  heretofore  passed 
by  the  Common  Council  of  the  city  of  Albany,  and  approved  by  the 
Mayor  of  said  city,  directing  or  authorizing  the  construction  or 
building  of  any  drain  or  sewer  therein,  together  with  the  contracts 
made  or  entered  into  thereunder  by  said  Common  Council,  or  by 
the  Board  of  Contract  and  Apportionment  of  said  city,  and  the  con- 
struction and  building  of  the  drain  or  sewer  under  said  law,  ordi- 
nances, resolution  and  contract,  are  and  the  same  is  hereby  ratified, 
legalized,  confirmed  and  made  valid. 

Lands  may  be  taken.— Damages,  how  to  be  assessed. 

§  o  In  case  the  Common  Council  of  said  city  of  Albany  shall 
deem  it  necessary,  by  a  vote  of  twc^thirds  of  all  the  members 
elected  to  said  Common  Council,  to  be  taken  by  yeas  and  nays  and 
entered  in  its  minutes,  to  take  within  the  said  city  any  grounds  or 
other  real  estate,  with  the  appurtenances,  belonging  to  any  person 
or  persons,  for  the  purposes  of  constructing,  building  or  maintain- 
ing any  drain  or  sewer  heretofore  built  or  constructed,  or  hereafter 


2S2  Laws  H elating  to  tub 

to  be  built  or  constructed,  under  any  law,  ordinance  or  resolution 
of  the  said  Common  Council,  the  title  to  such  ground,  real  estate 
and  appurtenances  may  be  acquired  and  taken,  and  the  damages 
and  recompense  of  the  owner  and  ownei-s  awarded  and  assessed, 
in  the  manner  provided  in  and  by  title  seven  of  chapter  seventy- 
seven  of  the  Laws  of  eighteen  hundred  and  seventy,  and  the  other 
portions  of  said  chapter  affecting  the  same,  and  the  several  amend- 
ments of  and  to  said  title  and  chapter. 

Compensation,  costs,  etc.,  to  be  assessed  upon  property  benefited, 
— How  enforced. 

§3.  The  damages  and  recompense  to  such  owner  and  owners. and 
the  expense  of  building  and  constructing  such  drain  or  sewer,  with 
the  incidental  costs  and  expenses  attending  the  same,  shall  be 
apportioned  and  assessed  among  all  the  houses  and  lots  and  vacant 
lots  and  franchises  intended  to  be  benefited  bj'  such  drain  or  sewer, 
in  proportion  to  the  advantages  which  each  shall  be  deemed  to 
acquire,  in  the  manner  provided  in  and  by  title  eight  of  chapter 
seventy-seven  of  the  Laws  of  eighteen  hundred  and  seventy,  and 
the  other  poi-tions  of  said  chapter  affecting  the  same,  and  the 
several  amendments  of  and  to  said  title  and  chapter,  and  such 
apportionment  and  assessment,  when  completed,  shall  have  all  the 
validity  and  effect  provided  for  in  and  may  be  enforced  and  col- 
lected in  the  manner  provided  for  in  and  by  said  title  and  chapter. 

§  4.  This  act  shall  take  effect  immediately. 


CHAPTER  2G2  OF  THE  LAWS  OF  1875. 

An  Act  to  confirm  and  levy  certain  assessments  for  street  improve- 
ments in  the  city  of  Albany,  and  to  regulate  the  collection 
thereof. 

Passed  May  11,  1875;    three-fifths  beings  present. 

The  People  of  the  State  of  Neic  York,  represented  in  Senate  and  Asaem- 
Uy,  do  enact  as  follows  : 

Streets   and   avenues,    cost   of   paving,    etc. — Clinton    avenue. — 
Madison  avenue. — ^Eights  of  purchasers. 

Section  1.  The  cost  and  expenses  of  paving,  flagging,  curbing, 
excavating,  filling  and  forming  the  streets  and  avenues  in  the  city 
of  Albany,  hereinafter  mentioned,  which  cost  and  expenses  have 
been  fixed  and  determined  upon,  by  or  under  the  direction  of  the 


City  of  Albany.  283 

Common  Council  of  said  city,  in  the  following  eases:  Clinton 
avenue,  from  the  east  line  of  Dove  street  to  the  center  of  Robin 
street,  the  assessment  and  apportionment  for  which  was  confirmed 
by  said  Common  Couufil,  December  twentieth,  eigliteen  hundred 
and  sixty-nine;  Clinton  avenue  from  the  center  of  Robin  street  to 
the  center  of  Ontario  street,  the  assessment  and  apportionment  for 
which  was  confirmed  by  said  Common  Council,  September  nine- 
teenth, eighteen  hundred  and  seventy;  Clinton  avenue  from  the 
center  of  Ontario  street  to  the  intereection  of  Clinton  and  Central 
avenues,  the  assessment  and  apportionment  for  which  was  con- 
firmed by  said  Common  Council,  November  fourteenth,  eighteen 
hundred  and  seventy;  Madison  avenue,  from  the  west  line  of  Kuox 
street,  to  a  line  fifty  feet  west  of  Snipe  street,  the  assessment  and 
apportionment  for  which  was  confirmed  by  said  Common  Council, 
May  third,  eighteen  hundred  and  seventy-two;  Madison  avenue, 
from  a  line  fifty  feet  west  of  Snipe  street,  to  six  hundred  and  sixty 
feet  west  of  Robin  street,  the  assessment  and  aportionment  for 
which  was  confirmed  by  said  Common  Council,  January  fifth, 
eighteen  hundred  and  seventy-four,  are  hereby  made  a  lien  and 
assessment  on  the  land*?  and  permises  included  in  the  several 
respective  districts  of  assessment  adjacent  to  each  of  such  improve- 
ments as  heretofore  fixed  and  determined  upon,  by  the  Common 
Council  of  said  city,  and  are  now  of  public  record  in  said  city,  and 
the  amount  of  each  of  said  several  assessments,  together  with  the 
interest  as  stated  in  section  two  of  this  act.  is  levied  upon  the 
several  pieces  of  land  and  premises  within  said  respective  dis- 
tricts, and  in  the  same  proportions  in  which  the  same  have  already 
been  assessed  and  apportioned  thereon  by  said  Common  Council, 
levied  as  a  tax  to  be  collected  and  applied  by  said  city  as  provided 
by  law.  But  nothing  herein  contained  shall  apply  to  any  property 
within  the  said  respective  districts,  and  upon  which  a  tax  or  assess- 
ment is  hereby  levied,  which  has  been  purchased  in  good  faith  sub- 
sequent to  any  decision  of  the  General  Term  of  the  Supreme  Court 
for  the  Third  department,  holding  any  tax  or  assessment  herein 
mentioned  void,  provided,  such  purchase  was  made  prior  to  Febru- 
ary twelfth,  eighteen  hundred  and  seventy-five. 

Collection    of    assessments. — Interest. 

§  2.  The  Chamberlain  of  the  city  of  Albany  is  hereby  authorized 
and  directed  to  collect  any  and  all  assessments  mentioned  in  the 
first  section  of  this  act,  pursuant  to  chapter  seventy-seven,  of  the 


234  Laws  Relating  to  the 

Laws  of  eighteen  hundred  and  seventy  and  the  acts  amendatory 
thereof,  so  far  as  the  same  are  applicable  to  the  collection  of 
unpaid  assessments,  duly  confirmed  by  the  Common  Council  of 
said  city.  The  Chamberlain  shall  charge  and  collect  interest  on  all 
apportionments  and  assessments  aforesaid,  from  the  fifteenth  day 
after  the  same  were  confirmed  by  the  Common  Council  till  the 
same  are  paid  and  satisfied,  unless  the  said  Common  Council  has 
heretofore  consented  to  relinquish  the  payment  of  interest,  and  in 
such  cases  no  interest  shall  be  charged  during  the  time  for  which 
the  sajne  was  relinquished. 

Lots  sold  subject  to  assessments. — Certificate  of  sale. 

§  3.  In  cases  where,  since  the  time  the  assessments  mentioned  in 
the  first  section  of  this  act,  or  either  of  them,  were  made  and 
confirmed  by  the  Common  Council  of  said  city,  any  part  or  parcels 
of  lots  originally  assessed  have  been  sold  subject  to  such  assess-, 
meut  by  tlie  owners  thercK)f  it  shall  be  lawful  for  the  Chamberlain 
of  the  city  of  Albany  to  receive  from  the  present  owner  or  owners 
of  such  parts  or  parcels,  their  proportionate  share  of  the  original 
assessment  of  the  great  lot  and  to  release  and  discharge  such 
parcels  from  the  said  assessments,  and  the  balance  of  such  original 
assessment  shall  remain  a  lien  upon  the  residue  of  such  great  lot. 
In  case  of  default  in  the  payment,  the  balance  due  on  such  residue, 
the  Chamberlain  shall,  in  advertising  the  same  for  sale,  as  here- 
tofore provided,  describe  sucli  original  lot  and  then  state  what  por- 
tions thei-eof  have  been  released  and  discharged  and  the  amount 
of  the  assessments  remaining  upon  the  residue.  The  purchaser  on 
such  sale  shall  receive  a  certificate  showing  what  part  of  the  great 
lot  has  been  bid  in  by  him,  and  such  sale  shall  as  to  such  part  be 
in  all  respects  valid,  subject  to  the  provisions  of  the  act  aforesaid. 

§4.  This  act  shall  take  effect  immediately. 


CiTT  OF  Albany.  235 

CHAPTER  443  OF  THE  LAWS  OF  1877. 
Au  Act  to  confirm  and  levy  a  certain  assessment  for  excavating, 
filling  and  forming  Swan  street  from  Elm  street  to  Morton 
street  in  the  city  of  Albany,  and  conferring  upon  the  Mayor  and 
a  majority  of  the  Common  Council  of  said  city  poveer  to  reduce 
the  said  assessment  fifty  per  cent. 

Passed  June  15,  1877;    three-fifths  being  present. 
The  People  of  the  State  of  ]S^ew  York,  represented  in  Senate  and  Assem- 
bly, do  enact  as  folloirs : 

Costs  of  filling,  etc.,  certain  streets  made  a  lien  and  assessment 
on  certain  lands. 
Section  1.  The  costs  and  expense  of  excavating,  filling  and  form- 
ing Swan  street  fixjm  Elm  street  to  Morton  street  in  the  city  of 
Albany,  pursuant  to  a  law  passed  by  the  Common  Council  of  said 
city  June  fifteenth,  eighteen  hundred  and  seventy -four,  as  assessed 
and  fixed  by  the  several  resolutions  of  the  Common  Council  of  said 
city  and  now  of  record,  Ls  hereby  made  a  lien  and  assessment  on 
the  lands  and  premises  included  in  the  district  of  assessment  adja- 
cent to  said  improvement,  which  said  dLstrict  has  been  heretofore 
fixed  and  are  now  of  record  as  aforesaid,  and  each  of  said  assess- 
ments is  hereby  levied  on  the  several  pieces  of  land  and  premises 
within  said  district,  and  in  the  same  proportions  in  which  the  same 
have  already  been  assessed  and  apportioned  thereon  as  aforesaid, 
levied  as  a  tax  to  be  collected  and  applied  by  said  city  for  the 
uses  and  purposes  pertaining  thereto. 

Proceedings  heretofore  had  in  levying  tax  therefor,  confirmed, 
etc.— Power  to   reduce  assessments   fifty  per  cent  conferred 
on    Mayor,     etc.— Owners     discharged    from    remainder     of 
assessment. 
§  2.  The  proceedings  heretofore  had  for  the  purpose  of  levying, 
laying  or  apportioning  said  sums  heretofore  levied  and  taxed  as 
aforesaid  upon  the  lands  and  premises  situated  in  the  said  district 
of  assessment  are  hereby  confirmed  and  made  legal  and  valid,  and 
of  each  and  every  sum  heretofore  so  levied  and  apportioned  as  an 
assessment  on   any  particular  piece  or  parcel  of  land,   and   tne 
power  and  authority  to  reduce  the  said  several  assessments  upon 
the  said  several  lots  fifty  per  cent,  and  not  otherwise,  is  hereby 
granted  and  conferred  upon  the  Mayor  and  a  majority  of  the  Com- 
mon Council  of  the  city  of  Albany,  and  as  to  the  remaining  portion 
of  each  of  said  sums  and  assessments,  such  proceedings  shall  be 


236  Laws  Melating  to  the 

deemed  of  no  force  or  effect,  and  the  said  particular  pie<'es  or 
parcels  of  land  on  which  the  same  have  been  respectively  assessed 
and  apportioned  as  aforesaid,  and  the  owners  thereof  are  as  to 
such  remaining  portion,  discharged  and  freed  from  such  assess- 
ment due  from  any  lien  therefrom. 

Chamberlain  to  collect  same. 

§  3.  The  Chamberlain  of  the  city  of  Albany  is  hereby  authorized 
and  directed  to  collect  tlie  aforesaid  fifty  per  cent  and  no  more  of 
said  assessment  in  and  by  this  act  legalized,  validated  and  levied 
pursuant  to  and  according  to  the  provisions  of  chapter  seventy- 
seven  of  the  Laws  of  eighteen  hundred  and  seventy,  and  the  acts 
amendatory  thereof,  so  far  as  the  same  are  applicable  to  the  collec- 
tion of  unpaid  assessments  duly  confirmed  by  the  Common  Council 
of  said  city. 

Refunding  moneys. 

§  4.  The  Chamberlain  of  the  city  of  Albany  is  directed  and 
required  to  refund  to  any  person  who  may  have  paid  to  him  any 
assessment  charged  against  his  or  her  lot  under  and  pursuant  to 
the  law  or  ordinance  in  this  act  referred  to,  one-half  of  the  amount 
so  paid  and  of  assessment  so  levied  as  aforesaid  and  paid  to  him; 
the  object  and  intent  of  this  section  being  to  place  those  persons 
who  have  paid  their  assessments  upon  the  same  equality  with 
those  pei-sons  who  have  not  paid  the  same. 

§  5.  This  act  shall  take  effect  immediately. 


CHAPTER  271  OF  THE  LAWS  OF  1881. 

An  Act  to  confirm  and  levy  certain  assessments  and  taxes  imposed 
upon  shareholders  in  the  several  National  and  State  banks  in 
the  city  of  Albany,  assessed  and  imposed  during  the  year 
eighteen  hundred  and  eighty. 

Passed  May  13,  1881;    three-fifths  being  present. 

The  People  of  the  State  of  .New  York,  repi-esented  in  Senate  and  Assem- 
bly, do  enact  as  follows  : 

Amount  of  assessments  on  bank  shares  assessed  on  sharehold- 
ers who  have  not  paid  tax. —  Proviso. 

Section  1.  The  amounts  of  all  assessments  attempted  to  be  levied 
and  taxes  imposed  upon  the  shareholders  in  National  and  State 


CiTT  OF  Albany.  237 

banks  in  the  city  of  Albany  during  the  year  eighteen  hundred 
and  eighty,  as  the  same  now  appear  of  record  in  the  assessment- 
roU  of  the  sixth  ward  in  said  city,  and  now  in  the  hands  of  the 
receiver  of  taxes  therein,  are  hereby  assessed  and  levied  upon  such 
shareholders  whose  names  now  appear  in  said  assessment-roll  as 
assessed  upon  their  bank  shares;  such  assessment  and  taxes  being 
the  same  in  amount  as  would  have  been  legally  imposed  upon  and 
collected  from  said  shareholders,  'n  case  the  Assessors  of  the  city 
of  Albany  had  complied  with  all  the  provisions  of  law  relating  to 
the  assessment  and  collection  of  taxes  in  and  for  said  city.     The 
assessment  hereby  made  being  only  levied  and  assessed  upon  those 
stockholders  in  the  several  banks  aforesaid,  who  have  not  paid 
the  tax  attempted    to  be  legally    assessed  against    them  by  the 
Assessors  of  said  city;  provided,  however,  that  the  time  limited 
for  any  party  aggrieved  to  procure  a  writ  of  certiorari  to  review 
such  assessment  upon  the  ground  that  it  is  unequal  in  that  the 
assessment  has  been  made  at  a  higher  proportionate  valuation 
than  other  property  on  the  same  roll  by  the  same  officers,  and  that 
the  petitioner  is  or  will  l>e  injured  by  such  alleged  unequal  assess- 
ment, pursuant  to  the  provisions  of  chapter  two  hundred  and  sixty- 
nine  of  the  Laws  of  eighteen  hundred  and  eighty,  entitled    "  An 
act  to  provide  for  the  review  and  correction  of  illegal,  erroneous  or 
unequal  assessments."  shall  not  be  deemed  to  have  expired  until 
fifteen  days  after  this  act  becomes  a  law. 

Tax  legalized  as  to  all  who  have  paid  tax. 

§  2.  The  tax  attempted  to  be  legally  assessed  by  said  Board  of 
Assessors  of  Albany,  upon  shareholders  in  National  and  State 
banks  in  the  city  of  Albany,  is  hereby  legalized  and  confirmed 
with  reference  to  those  shareholders  who  have  already  paid  the 
amount  of  such  tax. 

Tax  to  be  collected. 

§  3.  The  Receiver  of  Taxes  of  the  city  of  Albany  and  the  marshal 
thereof  are  hereby  commanded  to  collect  the  amount  of  the  tax 
hereby  levied  and  assessed  against  the  stockholders  in  said  banks, 
in  the  same  manner  and  by  the  same  proceedings  and  at  the  same 
time  as  if  the  assessments  hereby  made  and  levied  had  been  regu- 
larly and  duly  made  and  levied  by  the  Assessors  of  the  city  of 
Albany  in  the  year  eighteen  hundred  and  eighty,  and  as  if  such 
assessments  were  legal  and  valid. 

§  4.  This  act  shall  take  effect  immediately. 


238  Laws  Relating  to  the 

CHAPTER  459  OF  THE  LAWS  OF  1881. 
An  Act  to  confinii  and  levy  certain  assessments  for  street  improve- 
ments   in  the    city  of  Albany,    and  to  regulate  the    collection 

thereof.  ' 

Passed  June  4,  1881;    three-fifths  being  present. 

The  People  of  the  State  of  New  York,  represented  in  Senate  and  Assem- 
bly, do  enact  as  follows  : 

Cost  and  expense  of  paving,   etc.,   made   a  lien.— Acts  of  city 
officers  confirmed. 
Section  1.  The  cost  and  expenses  of  paving,  fiaggin/:.   ciirbiug, 
excavating,  tilling  and  forming  the  streets  and  avenues  in  the  city 
of  Albany,  hereinafter  menlionod,  which  cost  and  expenses  have 
been  fixed  and  determled  upon,  by  or  under  the  direction  of  the 
Common  Council    of  said    city,  in  the  following  cases:  McCarty 
avenue,  from  Browne  street  to  Delaware  avenue,  the  assessment 
and  apportionment  for  which  was    confirmed    by  the  Common 
■  Council  of  said  city,  on  the  twelfth  day  of  March,  eighteen  hundred 
and  seventy-seven;  First  avenue,  from  South  Pearl  street  to  a  point 
two  hundred  feet  west  of  Glen  street,  the  assessment  and  appor- 
tionment for  which  was  confirmed  by  said  Common  Council  Febru- 
ary ninth,  eighteen  hundred  and  eighty;  State  street,  from  Swan 
street  to  Robin  street,  the  assessment  and  apportionment  for  which 
was  confirmed  by  said  Common  Council  December  seventeenth, 
eighteen    hundred    and    seventy-seven;     Western    avenue,    from 
Lexington     avenue     to     a     point     Avest     of     Allen    street,     the 
assessment     and     apportionment     for     which     was     confirmed 
by     said     Common     Council     May     thirteenth,     eighteen     hun- 
dred and  seventy-eight;  Ten  Broeck  street,  from  Clinton  avenue 
to  Livingston  avenue,  the  assessment    and    apportionment    for 
which  was  confirmed    by   said  Common  Council    January  sixth. 
eighteen  hundred  and  eighty-one,   are  hereby  made  a  lien  and 
assessment  on  the    lands  and    premises  included  in   the  several 
respective  districts  of  assessment  adjacent  to  each  of  such  improve- 
ments, as  heretofore  fixed  and  determined  by  the  Common  Council 
of  said  city,  the  proceedings  of  which  are  now  of  public  record  In 
said  city;  and  the  amount  of  each  of  said  several  assessments, 
togeUier  with  the  interest  as  stated  in  section  two  of  this  act,  is 
levied  upon  the  several  pieces  of   land  and  premises  within  said 
respective  districts  and  in  the  same  proportion  in  which  the  same 
have  already  been  assessed  and  apportioned  thereon  by  said  Com- 


City  of  Albany.  239 

mon  Council,  levied  as  a  tax  to  be  collected  and  applied  by  said 
city  as  provided  by  law.  And  the  acts  and  proceedings  of  the 
city  officers  of  said  city,  covered  by  the  resolution  of  the  Common 
Council  of  November  fifteen  eighteen  hundred  and  eighty,  for  the 
repair  of  the  camage-way  and  cross-walks  of  Clinton  avenue  at 
the  intersection  of  Ten  Broeck  street,  and  the  work  as  so  done  are 
hereby  legalized,  ratified  and  confirmed,  and  the  said  city  author- 
ized to  pay  for  the  same. 

Payments  to  be  credited. — Assessments  to  be  canceled  on  pay- 
ment of  fifty  per  centum. — Collection  of  assessments  not 
paid  within  six  months. 
§  2.  The  Chamberlain  of  said  city  shall  credit  as  payment  of  the 
several  assessments  made  and  levied  under  the  provisions  of  this 
act,  any  payments  which  have  been  heretofore  made  of  the 
assessments  mentioned  in  the  first  section.  Upon  payment  to  the 
Chamberlain  of  said  city  of  fifty  per  centum  of  the  amount  of  the 
several  apportionments  and  assessments  unpaid  on  McCarty  ave- 
nue, and  on  payment  to  the  Chamberlain  of  said  city  of  fifty  per 
centum  of  the  several  apportionments  and  assessments,  with  inter- 
est from  March  the  first,  eighteen  hundred  and  eighty,  on  the 
lands  on  the  north  side  of  First  avenue,  lying  west  of  a  point 
four  hundred  and  sixty  feet  west  of  South  Pearl  street,  and  on  the 
south  side  of  First  avenue  lying  west  of  a  point  five  hundred  and 
seven  feet  west  of  South  Pearl  street;  provided  such  payments 
are  made  within  six  months  after  the  passage  of  this  act,  the 
Chamberlain  is  hereby  authorized  and  directed  to  cancel  and  dis- 
charge the  several  assessments  and  apportionments  levied  on  the 
lots  and  lands  for  which  such  assessments  are  paid.  As  to  such 
assessments  on  lands  on  McCarty  avenue  and  First  avenue,  in 
this  section  mentioned,  not  paid  within  six  months  as  herein  pro- 
vided and  as  to  all  the  other  assessments  and  apportionments  in 
this  act  mentioned,  the  Chamberlain  of  the  city  of  Albany  is 
hereby  authorized  and  directed  to  collect  any  and  all  assessments 
mentioned  in  the  first  section  of  this  act,  pursuant  to  chapter 
seventy-seven  of  the  Laws  of  eighteen  hundred  and  seventy,  and 
the  acts  amendatory  thereof,  so  far  as  the  same  are  applicable  to 
the  collection  of  unpaid  assessments,  duly  confirmed  by  the  Com- 
mon Council  of  said  city.  The  Chamberlain  shall  charge  and  col- 
lect interest  on  all  apportionments  and  assessments  aforesaid, 
from  the  fifteenth  day  after  the  same  were  confirmed  by  the  Com- 
mon Council  till  the  same  are  paid  and  satisfied,  except  as  to  inter- 


240  Laws  Relating  lo  the 

est  on  assessments  as  to  Western  avenue,  as  provided  by  chapter 
four  hundred  and  forty-five  of  the  Laws  of  eighteen  hundred  and 
seventy-six. 

Balance  due  contractors  to  be  paid  by  city. — Fifty  per  centum 
to  be  refunded  certain  lot  owners. 
§  3.  The  balance  due  the  contractors  for  the  worli  done  and 
materials  furnished  under  the  law  for  grading,  filling  and  forming 
McCarty  avenue,  and  also  First  avenue,  for  which  the  assessments 
hereinbefore  mentioned  were  made,  shall  be  paid  by  the  city  to 
said  contractor  severally;  the  amounts  shall  be  included  in  the 
budget  or  statement  to  bo  transmitted  to  the  Board  of  Supervisors 
by  the  Common  Council  of  the  city  in  the  year  eighteen  hundred 
and  eighty-one,  and  raised  in  the  same  manner  as  other  taxes  are 
raised.  The  Chamberlain  of  said  city  is  directed  and  required  to 
refund  to  the  owners  of  lots  numbered,  respectively,  seven,  seven- 
teen, nineteen,  nineteen  and  one-half,  on  the  north  side  of  McCarty 
avenue,  also  lots  sixteen,  sixteen  and  one-half  and  eighteen,  on  the 
south  side  of  McCarty  avenue,  as  said  lots  are  numbered  and 
designated  in  book  "  K  "  of  apportionment  maps  of  the  city  of 
Albany  and  as  they  are  set  forth  and  described  in  the  apportion- 
ment for  the  work  done  on  McCarty  avenue,  confirmed  by  the  Com- 
mon Council  of  said  city  as  in  the  firet  section  hereof  stated,  fifty 
per  centum  of  the  amount  as  paid,  of  said  assessment  levied  as 
aforesaid. 

Costs  of  actions  discontinued  to  be  paid  by  city. 

§  4.  Any  action  now  pending  to  restrain  tlic  colle<'tion  of  any  of 
the  assessments  or  appoi-tionment  made  valid  and  effectual  by 
this  act,  if  discontinued  by  the  plaintiff  therein  within  thirty  days 
after  the  passage  hereof,  the  Chamberlain  of  the  city  of  Albany 
is  directed  to  pay  the  taxable  costs  and  disbursements  of  the 
plaintiff  to  the  plaintiff's  attorney  from  any  fund  in  his  hands 
applicable  to  the  expenses  of  the  city  government;  said  Chamber- 
lain shall  also  pay  in  the  same  manner  to  the  plaintiff's  attorney 
the  costs  as  taxed  in  any  judgment  obtained  against  the  said  city 
restraining  and  enjoining  the  collection  of  any  of  the  said  assess- 
ments or  apportionments  upon  the  execution  and  delivery  to  said 
Chamberlain  of  a  proper  satisfaction  thereof. 

§  5.  This  act  shall  take  effect  immediately. 


City  of  Albany.  241 

CHAPTER  265  OF  THE  LAWS  OF  1886. 

An  Act  to  confirm  and  legalize  certain  contracts  in  the  city  of 

Albany.  1 

Passed  May  4,  1886;    three-fifths  being  present. 
The   People  of  the   State  of  Neic    York,    represented   in,   Senate    and 
Assembly,  do  enact  as  follows  : 

Section  1.  The  action  of  the  Board  of  Contract  and  Apportion- 
ment of  the  city  of  Albany  in  awarding  certain  contracts  for 
local  improvements  in  said  city,  on  file  in  the  Street  Department 
of  said  city,  as  follows:  For  constructing  a  brick  and  stone 
cement  sewer,  along  and  on  the  line  of  Patroon's  creek,  from  the 
Hudson  river  to  the  westerly  line  of  North  Pearl  street,  the  con- 
tracts for  which  are  severally  dated  as  follows:  On  the  tenth  day 
of  February,  eighteen  hundred  and  eighty-five,  and  one  on  the 
sixteenth  day  of  October,  eighteen  hundred  and  eighty-five;  for 
constructing  brick  and  cement  sewers  in  Broadway,  on  both 
sides  of  said  street,  from  Patroon's  creek  to  the  north  line  of 
said  city,  which  was  awarded  July  twentieth,  eighteen  hundred 
and  eighty-five,  and  the  contract  executed  and  dated  July  twenty- 
second,  eighteen  hundred  and  eighty-five;  for  constructing  brick 
and  cement  sewer«,  in  Lark  street  and  Myrtle  avenue,  from  the 
penitentiary  grounds  to  Lexington  avenue,  the  contract  for  which 
was  awarded  on  the  twentieth  day  of  July,  eighteen  hundred  and 
eighty-five,  and  the  contract  for  lighting  the  city,  which  was 
awarded  on  the  first  day  of  February,  eighteen  hundred  and 
eighty-six.  and  executed  and  dated  February  fifth,  eighteen  hun- 
dred and  eighty-six,  and  contract  executed  and  dated  August 
fifth,  eighteen  hundred  and  eighty-five,  are  hereby  in  all  things 
legalized  and  confirmed,  and  said  contracts,  and  each  of  them, 
and  the  steps  leading  to  the  awarding  and  execution  of  the  sam«^. 
are  hereby  in  all  things  legalized  and  confirmed. 

§  2.  This  act  shall  take  effect  immediately. 

16 


242  Laws  Rklatixg  to  tiik 

CHAI'TER  K;?.. 

An  Act  iu  relation  to  certain  cstreet  improvements  and  sewers 
in  the  city  of  Albany,  to  legali7xs  confirm  and  levy  certain 
assessments  therefor,  and  to  legalize  and  confirm  sales  there- 
under. 

Passed  May  26,  1886;    three-fifths  being  present. 

The   People  of  the   State   of  Xcic    York,    represented    in    Semtte  and 
Assembly,  do  enact  as  follows : 

Certain  assessments  and  apportionments  legalized. — For  Second 
avenue  improvement. — Hudson  avenue  paving. — First  street 
improvement. — Drain  in  State  street. — Sewer  in  Jay  street. — 
Quail  street  improvement. — West  street  improvement. — First 
street  drain. — Lark  street  sewer. — ^Cortland  place  drain. — 
West  street  improvement. — Elk  street  paving. — First  street 
improvement. — Ontario  street  and  Central  avenue  drain. — 
Filling  vacant  lots. — Ibid. — Drain  in  Swan  street. — Sewer  in 
Clinton  avenue. — State  street  sewer. — Hamilton  street  di-ain. 
— ^Hudson  avenue  sewer. — Green  and  Norton  street  sewer. — 
Lark  street  drain. — Oak  street  drain. — Delaware  avenue 
Lark  street  drain. — Elk  street  drain. —  Oak  street  drain. — 
Delaware  avenue  drain. —  Sanders  street  drain. —  First 
avenue  drain. —  James  street  paving. —  Steuben  street  pav- 
ing.—  State  street  paving. —  Lodge  street  paving. 

Section  1.  All  the  assessments  and  apportionments  made  and 
confirmed  by  the  Board  of  Contract  and  Apportionment  of  the 
city  of  Albany,  for  the  following  named  street  improvements,  in 
the  following  several  cases:  Paving,  grading,  forming  and  laying 
drains  in  Second  avenue,  from  Sloan  street  to  Delaware  avenue, 
the  assessment  and  apportionment  for  which  was  confirmed  by 
said  Board  of  Contract  and  Apportionment  of  said  city  on  the 
seventh  day  of  .January,  eighteen  hundred  and  eighty-four; 
reforming,  recurbing  and  repaving  Hudson  avenue  from  Broad- 
way to  number  sixty-seven  Hudson  avenue,  the  assessment  and 
apportionment  for  which  was  confirmed  by  said  Board  of  Con- 
tract and  Apportionment  of  said  city  on  the  seventh  day  of 
.January,  eighteen  hundred  and  eighty-four;  excavating,  filling  and 
forming  First  street  from  Lexington  avenue  to  Ontario  street, 
the  assessment  and  apportionment  for  which  was  confirmed  by 
said  Board  of  Contract  and  Apportionment  of  said  city  on  the 
seventeenth  day  of  November,  eighteen  hundred  and  eighty-four; 


City  of  Albany.  243 

laying  a  stone-ware  pipe  drain  in  State  street,  from  Cortland 
place  to  the  creek  bed  west  of  Quail  street,  the  assessment  and 
apportionment  for  which  was  confirmed  by  said  Board  of  Con- 
tract and  Apportionment  of  said  city  on  the  twenty-first  day  of 
November,  eighteen  hundred  and  eightj'-three;  constnicting  brick 
and  cement  sewer  in  Jay  street,  from  Hawk  street  to  Swan  street, 
the  assessment  and  apixirtionment  for  which  was  confirmed  by 
said  Board  of  Contract  and  Apportionment  of  said  city  on  the 
foui'th  day  of  February,  eighteen  hundred  and  eighty-four;  exca- 
vating, filling,  forming  and  flagging  Quail  street  from  Clinton  ave- 
nue to  Livingston  avenue,  the  assessment  and  apportionment  for 
which  was  confirmed  by  said  Board  of  Contract  and  Apportionment 
of  said  city  on  the  seventeenth  day  of  November,  eighteen  hundred 
and  eighty-four;  excavating,  tilling,  forming  and  paving  West 
street  from  Kobin  street  to  I'err3'  street,  the  assessment  and 
ajjportionnient  for  which  wascuntirmed  by  said  Board  of  Contract 
and  Apportionment  of  said  city  on  the  Nineteenth  day  of  January, 
eighteen  hundred  and  eighty-five;  laying  a  stone- ware  pipe  drain 
in  Fii^t  street  from  Lexington  aveiuie  to  fifty  feet  east  of  Judson 
street,  the  assessment  and  apportionment  for  which  was  confirmed 
by  said  Board  of  Contract  and  .\pi»ortionnient  of  said  city  on  tlie 
tliird  day  of  March,  eighteen  hundred  and  eighty-four;  constructing 
Itriik  and  cement  isewer  in  I«irk  street  from  Clinton  avenue  to 
First  stivet,  the  assessment  and  apportionment  for  which  was 
confirmed  by  said  Board  of  Contract  and  Ai)portionment  of  said 
city  on  the  third  day  of  March,  eighteen  hundred  and  eighty-four; 
laying  a  stone-ware  pipe  drain  in  Cortland  place  from  Washington 
avenue  to  three  hundred  and  thirty  feet  south,  the  assessment  and 
apportionment  for  which  wa.s  confirmcnl  by  said  Board  of  Contract 
and  Apportionment  of  said  citj'  on  the  fourth  day  of  August, 
eighteen  hundred  and  eighty-four;  excavating,  filling,  forming  and 
1  laving  West  street  from  Perry  street  to  Quail  street,  the  assess- 
ment and  apportionment  for  which  was  confirmed  l)y  said  Board- 
of  C<»ntract  and  Apportionment  of  said  city  on  the  sixth  day  of 
October,  eighteen  hundred  and  eighty-four;  recurbing  and  repaving 
with  granite  Elk  street,  from  Eagle  street  to  Hawk  street,  the 
assessment  and  apportionment  for  which  was  confirmed  by  said 
Board  of  Contract  and  Apportionment  of  said  city  on  the  fifteenth 
day  of  December,  eighteen  hundred  and  eighty-four;  excavating, 
filling,  forming  and  paving  First  street,  from  Knox  street  to  Lex- 
ington avenue,  the  assessment  and  apportionment  for  which  was 
confinned  by  said  Board  of  Contract  and  Apportionment  of  said 


244  Laws  Relating  to  the 

city  on  the  fifth  day  of  January,  eighteen  hundred  and  eighty-five; 
laying  a  stone-ware  pipe  drain  in  Ontario  street  and 
Central  avenue,  from  stone  arch  south  of  Central  avenue 
to  the  drain  noith  of  Central  avenue,  the  assessment 
and  apportionment  for  which  Avas  confirmed  by  said 
Board  of  Contract  and  Apportionment  of  said  city  on 
the  second  day  of  March,  eighteen  hundred  and  eighty-fivo; 
filling  vacant  lots  on  Eagle,  Hawk,  Providence  and  "Warren  streets, 
the  assesisment  and  apportionment  for  which  was  confirmed  by 
said  Board  of  Contract  and  Apportionment  of  said  city  on  the 
seventh  day  of  December,  eighteen  hundred  and  eighty-five;  filling 
vacant  lots  on  Warren,  Hawk  and  Swan  streets  and  Park  and 
Myrtle  avenues,  the  assessment  and  apportionment  for  which  was 
confirmed  by  said  Boai'd  of  Contract  and  Apportionment  of  said 
city  on  the  fourth  day  of  January,  eighteen  hundred  and  eighty- 
six;  laying  a  stone- ware  pipe  drain  in  Swan  street,  from  Elk  street 
to  Road  street,  the  assessment  and  apportionment  for  which  was 
confirmed  by  said  Board  of  Contract  and  Apportionment  of  said 
city  on  the  sixth  day  of  July,  eighteen  hundred  and  eighty-five; 
constructing  brick  and  cement  sewer  in  Clinton  avenue,  from  Dovo 
street  to  Lark  street,  the  assessment  and  apportionment  for  which 
was  confirmed  by  said  Board  of  Contract  and  Apporionment  of 
said  city  on  the  nineteenth  day  of  October,  eighteen  hundred  and 
eightj'-fivo;  constructing  l>rick  and  cement  sewers  in  State  strc(>i. 
from  the  Basin  to  Eagle  street,  the  assessment  and  apportionment 
for  which  was  confirmed  by  said  Board  of  Contract  and  Apportion- 
mtnt  of  said  city  on  the  fourth  day  of  January,  eighteen  hundred 
and  eighty-six;  laying  a  stone-ware  pipe  drain  in  Hamilton 
street,  from  Ontario  street  to  a  point  three  hundred  and 
seventy-four  and  two-thirds  feet  west,  the  assessment  and  appor- 
tionment for  which  was  confirmed  by  said  Board  of  Contract  and 
Apportionment  of  said  city  on  the  sixth  daj'  of  July,  eighteen 
hundred  and  eighty-five;  constructing  brick  and  cement  sewer  in 
Hudson  avenue  from  Basin  to  Eagle  street,  the  assessment  and 
apportionment  for  which  was  confirmed  by  said  Board  of  Con- 
tract and  Apportionment  of.  said  city  on  the  fourth  day  of  Janu- 
ary, eighteen  hundred  and  eighty-six;  constructing  brick  and 
cement  sewer  in  Green  and  Norton  streets,  from  State  street  to 
the  west  side  of  South  Pearl  street,  the  assessment  and  appor- 
tionment for  which  was  confirmed  by  said  Board  of  Contract 
and  Apportionment  of  said  city  on  the  sixteenth  day  of  November, 
eighteen  hundred  and  eighty-five;  laying  a  stone-ware  pipe  drain 


Ciry  OF  Albany.  245 

in  Lark  street,  from  sixty-six  feet  south  of  Madison  avenue  to 
Yates  street,  the  assessment  and  apportionment  for  which  was 
confirmed  by  said  Board  of  Contract  and  Apportionment  of  said 
city  on  the  twentieth  day  of  July,  eighteen  hundred  and  eighty- 
five;  laying  a  stone-ware  pipe  drain  in  Elk  street  fifty  feet  west 
of  Lark  street  to  Knox  street,  the  assessment  and  apportionment 
for  which  was  confirmed  by  said  Board  of  Contract  and  Appor- 
tionment of  said  city  on  the  twentieth  day  of  July,  eighteen  hun- 
dred and  eighty-five;  laying  a  stone-ware  pipe  drain  in  Oak  street, 
from  sixty-five  feet  north  of  Third  street  to  Second  street,  the 
assessment  and  apportionment  for  which  was  confirmed  by  said 
Board  of  Contract  and  Apportionment  of  said  city  on  the  twenti- 
eth day  of  July,  eighteen  hundred  and  eighty-five;  laying  a  stone- 
ware pipe  drain  in  Delaware  avenue,  from  seventy-five  feet  south 
of  Madison  avenue,  to  drain  north  of  Myrtle  avenue,  the  assess- 
ment and  apportionment  for  which  was  confirmed  by  said  Board 
of  Contract  and  Apportionment  of  said  city  on  the  fifth  day  of 
October,  eighteen  hundred  and  eighty-five;  laying  stone- ware  pipe 
drain  in  Sanders  street,  from  Second  avenue  to  a  point  four  hun- 
dred feet  south,  the  assessment  and  apportionment  for  which  was 
confirmed  by  said  Board  of  Contract  and  Apportionment  of  said 
city  on  the  nineteenth  day  of  October,  eighteen  hundred  and 
eighty-five;  laying  a  stone- ware  pipe  drain  in  First  avenue,  from 
South  read  street  to  Cheriy  Hill  street,  the  assessment  and 
apportionment  for  which  was  confirmed  by  said  Board  of  Con- 
tract and  Apportionment  of  said  city  on  the  nineteenth  day  of 
October,  eighteen  hundred  and  eighty-five;  recurbing  and  repav- 
ing  with  granite  James  street,  from  Maiden  lane  to  Columbia 
street,  the  assessment  and  apportionment  for  which  was  con- 
firmed by  said  Board  of  Contract  and  Apportionment  of  said  city 
on  the  fourth  day  of  January,  eighteen  hundred  and  eighty-six; 
recurbing  and  repaving  with  granite  Steuben  street,  fi'om  Broad- 
way to  Eagle  street,  the  assessment  and  apportionment  for  which 
was  confirmed  by  said  Board  of  Contract  and  Apportionment  of 
said  city  on  the  seventh  day  of  December,  eighteen  hundred  and 
eighty-five;  recurbing  and  repaving  with  granite  State  street, 
from  Eagle  street  to  Swan  street,  the  assessment  and  apportion- 
ment for  which  was  confirmed  by  said  Board  of  Contract  and 
Apportionment  of  said  city  on  the  fourtli  day  of  January, 
eighteen  hundred  and  eighty-six;  recurbing  and  repaving  with 
granite  Lodge  street,  from  Steuben  street  to  Columbia  street,  the 
assessment  and  apportionment  for  which  was  confirmed  by  said 


246  Laws  Relating  to  the 

Board  of  Contract  and  Apportionment  of  said  city  on  tbe  fourth 
day  of  January,  eighteen  hundred  and  eighty -six;  and  each  and 
every  of  the  above-named  assessments  and  apportionments  are 
hereby  in  all  things  legalized  and  confirmed. 

Assessments  to  be  a  lien  on  certain  adjacent  districts. — 'How 
levied  and  collected. 
§  2.  The  amount  of  each  of  said  assessments  is  hereby  made  a 
lien  and  assessment  on  the  lands  and  premises  included  in  the 
several  respective  districts  of  assessment  adjacent  to  each  of 
such  improvements  as  heretofore  fixed  and  determined  by  the 
said  Board  of  Contract  and  Apportionment  of  said  city,  the  pro- 
ceedings of  which  are  now  of  public  record  in  said  city,  and  the 
amount  of  each  of  said  several  assessments,  together  with  inter- 
est thereon  from  and  after  the  date  of  said  assessments 
and  apportionments  respectively,  and  is  hereby  levied  upon  the 
several  pieces  of  land  and  promises  within  said  respective  dis- 
tricts, and  in  the  same  proportions  in  which  the  same  have 
already  been  assessed  and  apportioned  thereon  by  said  Board 
of  Contract  and  Apportionment  and  levied  as  a  tax  to  be  col- 
lected and  applied  by  said  city  as  provided  by  law. 

Duty  of  City  Chamberlain. 

§  3.  The  Chamberlain  of  said  city  shall  credit  as  payment  of  the 
several  assessments  made  and  levied  under  the  provisions  of  this 
act  any  payments  which  have  been  heretofore  made  and  levied 
of  the  assessments  mentioned  in  the  first  section. 

Certain  sales  legalized. 

§  4.  All  sales  made  under  or  pursuant  to,  or  for  the  non-payment 
of  any  or  either  of  the  foregoing  named  assessments,  are  hereby 
in  all  things  legalized  and  confirmed. 

Proviso  as  to  pending  actions. 

§  5.  None  of  the  provisions  of  this  act  shall  in  any  way  affect 
any  action  or  special  proceeding  now  pending  for  the  vacating 
or  setting  aside  of  the  assessments  sought  to  be  confirmed  thereby. 

§  6.  This  act  shall  take  effect  immediately. 


City  of  Albany.  247 

CHAPTER  9  OF  THE  LAWS  OF  1887. 

An  Act  to  enable  the  trustees  of  the  sinking  fund  of  the  city  of 
Albany  to  take  up  bonds  issued  for   street  improvements. 

Passed  February  9,  1887;    three-fifths  being  present. 
The  People  of  the   State  of  Neic    Fork,   represented  in    Senate    and 

AssemUy,  do  enact  asfolhncs: 

Section  1.  Whenever  the  time  for  the  payment  of  any  assess- 
ment for  street  improvements  has  been  extended  by  act  of  the 
Legislature,  and  city  bonds  have  been  issued  and  sold,  and  the 
cost  of  the  work  for  such  improvements  has  been  paid  out  of  the 
proceeds  of  such  bonds,  and  the  assessments  for  such  work  have 
not  been  collected  in  time  to  pay  such  bonds  at  their  maturity, 
the  trustees  of  the  sinking  fund  of  the  city  of  Albany  may,  out 
of  any  moneys  in  their  hands  not  invested  in  New  York  State 
or  United  States  bonds,  take  up  and  pay  any  such  bonds  that 
have  matured.  And  the  assessments  thereafter  collected  for  such 
improvements,  with  the  interest  thereon,  shall  be  paid  by  the 
Chamberlain  of  said  city  to  the  trustees  of  the  sinking  fund. 
This  act  shall  not  apply  to  any  bonds  issued  after  January  first, 
eighteen  hundred  and  eighty-nine. 

(As  amended  by  chapter  139,  Laws  of  1890.) 

§  2.  This  act  shall  take  effect  immediately. 


CHAPTER  425  OF  THE  LAWS  OF  1889. 

An  Act  to  authorize  the  Board  of  Contract  and  Apportionment 

of  the  city  of  Albany  to  assess  the  expense  of  certain  work  and 

improvements  upon  the  property  respectively  benefited  thereby. 

Approved  by  the  Governor.  June  11,  1889.     Passed,   three-fifths  being 

present. 

Tne  People  of  the  State  of  Neic  York,  represented  in  Senate  and 
Assembly,  do  enact  asfolloics: 

Section  1.  The  Board  of  Contract  and  Apportionment  of  the 
city  of  Albany  is  hereby  authorized  and  directed  to  assess  in  the 
manner  provided  by  chapter  two  hundred  and  ninety-eight  of  the 
Laws  of  one  thousand  eight  hundred  and  ninety-three,  entitled 
"An  act  to  provide  for  the  government  of  the  '  city  of  Albany,'  " 
upoA  each  and  every  of  the  various  buildings,  lots  and  franchises 
respectively  benefited  thereby,  such  and  so  much  of  the  expense 
of  any  work  done  in  the  city  of  Albany  the  cost  of  which  it  was 


248  Laws  Relating  to  the 

provided  by  law  should  be  assessed  upon  tbe  property  benefited 
thereby,  as  shall  in  the  opinion  of  said  board  equal  the  benefit 
which  said  buildings,  lots  and  franchises  received  from  the  said 
work  or  improvement  as  actually  done,  in  all  cases  in  which  any 
assessment  or  apportionment  for  work  so  done  shall  have  been 
vacated  or  set  aside  by  any  court  having  jurisdiction  thereof, 
during  the  period  of  time  subsequent  to  the  fifteenth  day  of 
November,  one  thousand  eight  hundred  and  eighty-three,  and  up 
to  the  fifteenth  day  of  November,  one  thousand  eight  hundred 
and  eighty-five,  but  in  making  such  assessment  and  apportion- 
ment of  the  amount  which  shall  be  assessed  under  the  provisions 
of  this  act,  no  account  shall  be  taken  of,  nor  shall  any  amount 
be  assessed  as  accrued  interest  upon  the  costs  of  any  such  work; 
nor  shall  any  building,  lot  or  franchise  upon  which  any  assess- 
ment heretofore  made  for  the  payment  of  the  expense  of  any 
of  the  above-described  work  or  improvement  has  been  paid  or 
discharged,  be  assessed  for  such  work  in  the  manner  hereinbe- 
fore provided,  nor  shall  anything  contained  herein  or  in  the  said 
act,  entitled  "An  act  to  provide  for  the  government  of  the  '  city 
of  Albany,'  "  be  construed  as  making  it  mandatory  upon  said 
Board  of  Contract  and  Apportionment  to  assess,  as  herein  pro- 
vided, all  or  any  portion  of  the  expense  of  any  of  the  work  or 
imprvements  hereinbefore  referred  to.  The  assessments  made 
pursuant  to  the  provisions  of  this  act  shall  be  paid  into  the  fund 
known  as  the  contingent  fund. 
§  2.  This  act  shall  take  effect  immediately. 


CHAPTER  600  OF  THE  LAWS  OF  1893. 
An  Act  to  reduce,  confirm  and  levy  certain  assessments  in  the 
city  of  Albany,  to  provide  for  the  payment  thereof,  and  in  rela- 
tion to  certain  sales  thereunder. 

Approved  by  the  Governor,   May  5,  1893.     Passed,   three-fifths  being 
present. 

Tlie  People  of  the  State  of  New    Torlc,   rcfremnted  in    Senate    and 
Assembly,  do  enact  as  follows : 

Beduction  of  certain  assessments. — Levy  and  collection  thereof. 
— Discharge  of  assessments  upon  payments. — Redemption 
from  tax  sales. — ^Repayments  to  certain  persons. — ^Tax  for 
deficiencies. 

Section  1.  The  assessment  for  lands  taken  by  the  city  of  Albany 
"  in  the  matter  of  acquiring  title  to  lands  which  are  deemed  neces- 


City  of  Albany.  249 

sary  for  opening,  continuing  and  extending  of  Myrtle  avenue, 
Park  avenue,  Warren  street,  Mercer  street,  Providence  street  and 
Woodlawn  avenue,  from  Quail  street  to  Partridge  street,  in  the 
city  of  Albany,"  which  assessment  was  confirmed  by  the  Board 
of  Contract  and  Apportionment  of  said  city  of  Albany,  on  the 
seventeenth  day  of  August,  eighteen  hundred  and  ninety-one,  is 
hereby  reduced  to  fifty  per  centum  of  the  amount  of  said  assess- 
ment as  originally  laid  and  confirmed  against  the  various  pieces 
or  parcels  of  land  within  the  respective  districts  of  assessment 
as  fixed  and  determined  for  said  improvement,  upon  compliance 
by  the  respective  owners  of  said  various  pieces  or  paix;els  of  land 
with  the  terms  and  conditions  hereinafter  provided,  and  fifty  per 
centum  of  said  assessment  to  all  amounts  not  heretofore  paid  is 
hereby  confirmed  and  the  same  is  hereby  levied  as  a  tax  on  the 
several  pieces  or  parcels  of  land  on  which  the  said  original  assess- 
ment has  been  heretofore  assessed  and  apportioned,  and  upon 
making  the  payments  within  the  time  as  hereinafter  in  this  sec- 
tion provided,  no  more  than  fifty  per  centum  of  the  amounts  as 
aforesaid  assessed  and  apportioned  on  or  against  any  of  the 
pieces  or  parcels  of  land  assessed  as  aforesaid  shall  be  collected 
for  or  on  account  of  said  improvement.  Upon  payment  to  the 
Chamberlain  of  said  city  on  or  before  the  first  day  of  September, 
eighteen  hundred  and  ninety-four,  of  the  said  assessments  as 
hereinbefore  reduced  and  levied,  with  interest  from  the  date  of 
the  confirmation  of  said  assessment  as  aforesaid,  at  the  rate  of 
six  per  centum  per  annum,  the  said  Chamberlain  is  hereby 
authorized  to  cancel  and  discharge  the  several  assessments  levied 
on  the  lots  and  lands  for  which  such  assessments  are  paid.  In 
case  said  lots  and  lands,  upon  which  such  assessment  hereby 
reduced  was  levied,  have  been  sold  and  have  been  purchased  by 
the  city,  such  lots  and  lands  may  be  redeemed  from  such  sale  by 
paying  to  the  Chamberlain,  on  or  before  the  first  day  of  Septem- 
ber, eighteen  hundred  and  ninety-four,  fifty  per  centum  of  the 
amount  of  such  assessment  with  interest  as  aforesaid.  In  case 
such  lots  and  lands  shall  have  been  sold  to  any  party  other  than 
the  city  the  same  may  be  redeemed  from  such  sale  by  paying  to 
the  Chamberlain,  on  or  before  the  first  day  of  September,  eighteen 
hundred  and  ninety-four,  fifty  per  centum  of  the  amount  of  said 
assessment,  with  interest  as  aforesaid,  and  the  balance  of  the 
amount  due  to  such  purchaser  shall  be  paid  by  the  Chamberlain 
of  the  city  of  Albany  out  of  any  moneys  in  his  custody  not 
appropriated  for  any  special  purpose.     Upon  competent  proof,  by 


250  •  Laws  Relating  to" the 

affidavit  or  otherwise,  that  the  full  amount  of  the  original  assess- 
ment levied  on  or  against  either  or  any  of  said  pieces  or  parcels  of 
land  has  been  paid  before  the  sale  thereof  or  has  been  redeemed 
subsequent  to  said  sale,  the  Chamberlain  shall  repay  and  refund  to 
the  peiTson  or  persons  who  paid  or  redeemed  the  same,  or  to  his, 
her  or  their  heirs  or  assigns,  fifty  per  centum  of  the  amount  so 
paid  for  such  assessment  or  such  redemption,  as  the  case  may  be, 
the  same  to  be  paid  by  the  Chamberlain  out  of  any  funds  in  his 
custody  not  specially  appropriated  for  any  other  use  or  purpose; 
and  if  such  funds  shall  prove  insufficient  for  all  the  payments  in 
this  section  provided  for,  then  the  amount  of  such  deficiency 
shall  be  inserted  in  the  next  annual  tax  budget  of  said  city,  and 
raised  by  tax,  and  thereafter  paid  to  the  person  or  persons  enti- 
tled as  aforesaid  to  receive  it. 

(As  amended  by  chapter  629,  Laws  of  1894.) 

Certain  sales  annulled.— Assessments,  when  due  and  payable.— 
Payment  of  entire  assessment  by  owner.— Collection  of 
assessments. 
§  2.  The  sales  heretofore  made  by  the  city  of  Albany  of  lots, 
pieces  or  parcels  of  land  for  the  non-payment  of  the  assessments 
for  the  "excavating,  filling,  forming  and  grading  of  Myrtle 
avenue  in  the  city  of  Albany  from  the  west  line  of  Lake  avenue 
to  the  east  line  of  Ontario  street,"  which  assessments  were  con- 
firmed by  the  Board  of  Contract  and  Apportionment  of  said  city 
on  the  twenty-first  day  of  September,  eighteen  hundred  and 
ninety-one,  are  hereby  annulled  and  the  said  assessments,  as 
originally  assessed  and  apportioned,  shall  be  due  and  payable  in 
the  manner  following,  anything  in  the  charter  or  laws  relating 
to  the  city  of  Albany  to  the  contrary  notwithstanding,  viz. :  One- 
fourth  part  of  such  assessments,  with  interest  on  the  same  from 
the  date  of  the  confii-mation  of  said  assessment  as  aforesaid  at 
and  after  the  rate  of  six  per  centum  per  annum,  shall  be  payable 
on  the  first  day  of  September,  eighteen  hundred  and  ninety-four, 
and  one-fourth  part  thereof,  with  like  interest  on  the  whole 
amount  of  the  assessment  remaining  unpaid  from  the  date  at 
which  the  last  previous  payment  is  provided  to  be  made,  shall  be 
and  become  due  on  each  succeeding  first  day  of  September,  until 
the  whole  of  such  assessment  shall  be  paid.  The  owner  of  any 
piece  of  property  so  assessed  may,  at  any  time,  pay  to  the  Cham- 
berlain of  the  city  of  Albany  the  entire  assessment  upon  his 
property,  with  interest,  at  the  rate  aforesaid,  from  the  date  of 


City  of  Albany.  251 

the  confirmation  of  such  assessment  to  the  time  of  such  payment. 
In  case  any  said  assessment  or  any  payment  in  this  section  pro- 
vided for  shall  not  be  made  when,  as  above  provided  for,  the 
same  becomes  due  and  payable,  then  such  amount  shall  be  col- 
lected by  a  sale  of  the  property  assessed,  and  by  such  other,  if 
any,  proceedings  as  may  be  provided  by  law  for  the  collection  of 
ordinary  assessments  in  said  city. 

(As  amended  by  chapter  629,   Laws  of  1894.) 
§  3.  This  act  shall  take  effect  immediately. 


CHAPTER  761  OF  THE  LAWS  OF  1894. 

An   Act   to    vacate   certain    assessments   for    improving    Second 
avenue  in  the  city  of  Albany. 

Became  a  law  May  23,  1894,  with  the  approval  of  the  Governor. 
Passed,   three-fifths  being  present. 

The  People  of  the  State  of  Neir  York,  represented  in  Senate  and 
Assembly,  do  enact  as  follows : 

Section  1.  The  assessments  for  excavating,  filling,  forming, 
grading,  fiagging  and  paving,  with  granite  blocks.  Second  avenue, 
between  Sloan  street  and  the  intersection  of  Delaware  and  Second 
avenues,  in  the  city  of  Albany,  and  also  for  laying  drains  therein 
and  constructing  man-holes  and  receiving  basins,  confirmed  by 
the  Board  of  Contract  and  Apportionment  of  said  city,  on  the 
seventh  day  of  January,  eighteen  hundred  and  eighty-four,  and 
all  sales  to  said  city  thereunder,  are  hereby  vacated,  canceled 
and  annulled,  and  the  said  Board  of  Contract  and  Apportion- 
ment, and  the  Chamberlain  of  said  city  are  each  hereby  directed 
to  cancel  and  discharge  the  said  assessments  and  sales  upon  the 
records  of  their  respective  offices. 

(As  amended   by  chapter  984,    Laws  of  1895,   sec.   1.) 

§  2.  The  said  Chamberlain  of  the  said  city  of  Albany  is  hereby 
directed  and  required  to  pay  and  refund  to  the  person  or  persons 
who  have  paid  the  aforesaid  assessments,  or  either  of  them,  or 
to  hLs,  her  or  their  heirs  or  assigns,  upon  demand,  the  full  amount 
of  such  payment,  with  interest  thereon  from  the  date  of  pay- 
ment of  the  same,  out  of  any  funds  in  his  custody,  not  especially 
appropriated  for  any  other  use  or  purpose,  and  if  such  funds 
shall-  prove  insufficient  for  such  repayment,  as  above  provided, 
then  the  amount  of  such  deficiency  shall  be  inserted  in  the  next 
annual  tax  budget  of  said  city  of  Albany,  and  raised  by  tax, 


252  Laws  Relating  to  the 

and  thereafter  paid  to  the  person  or  persons  entitled  as  aforesaid 
to  receive  it. 

(Added  by  chapter  984,  Laws  of  1895,  sec.  2.) 
§  3.  This  act  shall  take  effect  immediately. 


CHAPTER  445  OF  THE  LAWS  OF  1876. 

An  Act  in  relation  to  that  portion  of  the  great  western  turnpike 
road,  commonlj-  known  as  Western  avenue,  lying  between  Snipe 
street,  in  the  city  of  Albany,  on  the  east,  and  the  west  line  of 
the  proposed  new  boulevard,  intersecting  the  said  road  west 
of  Allen  street,  in  said  city,  on  the  west 

Passed  June  2,  1876;    three-fifths  being  present. 

27ie  People  of  the  State  of  New  York,  represented  in  Senate  and 
Assembly,  do  enact  as  follows  : 

Portion  of  Great  Western  turnpike  conveyed  to  Commissioners 
of  Washing-ton  Park. 
Section  1.  The  president,  directoi-s  and  first  company  of  the 
great  western  turnpike  road  are  hereby  authorized  to  convey  to 
the  Board  of  Commissioners  of  the  Washington  Park  of  the  city 
of  Albany  all  that  portion  of  their  said  turnpike  road  lying 
between  Snipe  street,  in  the  city  of  Albany,  on  the  east,  and  the 
west  line  of  the  proposed  new  boulevard,  intersecting  said  road 
west  of  Allen  street,  in  said  city,  on  the  wast,  such  conveyance  to 
be  without  prejudice  to  any  rights  or  franchises  of  said  company, 
except  such  as  may  be  expressly  thus  conveyed.  And  the  said 
Board  of  Commissioners  is  hereby  authorized  and  required  to 
accept  such  conveyance,  and  to  improve  the  said  portion  of  said 
road  when  conveyed  as  an  approach  to  said  Washington  park; 
but  nothing  herein  contained  shall  be  construed  as  authorizing 
the  said  commissioners  to  close  the  said  portion  of  the  said  road, 
or  to  exclude  the  public  from  the  use  thereof  as  a  highw^ay. 

Manner  of  improvement. — Payments  therefor. 

§  2.  In  case  the  said  conveyance  shall  be  made  as  in  the  fore- 
going section  piiovided,  then  the  said  Board  of  Commissionei-s 
may  establish  a  grade,  and  grade  the  said  portion  of  said  road, 
and  improve  and  ornament  the  same,  and  lay  and  construct  a 
pavement,  sidewalks,  curbs  and  sewers  upon  the  same,  iu  such 
manner  and  with  such  materials  as  the  owners  of  at  least  one- 


City  of  Albany.  258 

half  the  land  froutiug  on  said  portion  of  said   road,   measuring 
by  lineal  feet,   have  heretofore   consented   to,   or   may   hereafter 
consent  to,   in   writing;  provided,  however,   that   the   manner   of 
such  improvement,  and  the  kind  of  materials  to  be  used,  shall 
also  be  approved  by  the  said  Board  of  Park  Commissioners,  and 
without    such    approval    the    Park    Commissioner    shall    not   be 
required  to  go  on  with  any  work  on   said  road.     In   case  such 
approval  is  given,  then  the  expense  of  such  improvements  shall 
be  provided  for  and  paid  in  the  manner  following,  that  is  to  say: 
Bonds  of  the  city  of  Albany,  not  to  exceed  the  sum  of  one  hun- 
dred and  eighty-five  tbousand  dollars,  shall  be  issued  upon  the 
requisition  of  the  Park  Commissioners;  such  requisition  shall  be 
made  in  writing,  signed  by  the  president  of  the  board,  upon  the 
Mayor,    and   shall   state   the    amount   for   which    the   bonds   are 
required  and  the  purposes  for  which  they  are  to  be  issued.    Upon 
receiving  such  requisition  the  Mayor  shall  forthwith  cause  such 
l)onds  to  be  prepared,  which  shall  be  signed  by  him  and  counter- 
signed by  the  Chamberlain  and  the  Clerk  of  the  Common  Council. 
They  shall  be  styled  the  city  of  Albany,  Western  avenue  improve- 
ment bonds.    The  bonds  shall  be  divided  into  three  equal  amounts 
and   payable,   respectively,    in   six,    seven   and   eight  years   from 
their   date.     They    shall   bear   interest    at   the    rate    of    six    per 
cpntuni.  payable  semi-annually  at  sonic  bank  in  the  city  of  New 
York  or  Albany.     The  said  bonds  shall  be  sold  by  the  Chamber- 
Iain  of  said  city,  at  public  auction,  at  not  less  than  par,  and  the 
avails    thereof   shall    be    delivered    by    the    Chamberlain    to    the 
treasurer  of  said  Park  Commissioners,  to  be  used  for  the  pur- 
pose of  paying  the  cost  and  expense  of  said  grading,  paving  and 
sidewalks.     The  payment  of  the  interest   thereon   shall   be  pro- 
vided for  by  being  included  in  the  annual  tax  budget  of  the  city, 
sent  to  the  Board  of  Supervisors.     The  payment  of  the  principal 
as  it  falls  due  shall  be  made  out  of  the  fund  that  shall  arise 
from   the   payment  by  the  owners  of   the   land  fronting  on  the 
above-named   portion    of    said    road    or   avenue,    of    the   amount 
of  their  assessments  as  hereinafter  provided;   but  if  from   any 
cause  such  fund  shall  be  insufficient,  or  shall  not  have  been  col- 
lected, then  the  city  shall  provide  for  the  punctual  payment  of 
such   bonds   by   a   loan    which    the    Common   Council    is   hereby 
authorized   to   make,    and   such   portion    of   such    loan    shall    be 
placed  in  the  annual  tax  budget  as  to  the  finance  committee  of 
the  Common   Council  shall   seem  proper,   until  all  of  such  loan 
shall  be  paid;  but  the  whole  thereof  shall  be  paid  in  not  to  exceed 
five  years;  and  if  at  the  end  of  that  time  any  portion  remains 


254  Laws  Relating  to  the 

unpaid,  it  shall  be  included  in   tbe  annual   tax  budget  for  that 
year. 

Apportionment   of   costs. 

§  3.  The  apportionment  and  assessments  for  the  cost  and 
expense  of  said  pavement,  sidewalks,  curbs  and  sewers,  are  to 
be  made  (not  including  therein  the  expense  of  grading,  sodding, 
planting  trees  or  other  ornamentation)  upon  the  owners  of  land 
fronting  on  that  portion  of  said  road  to  be  improved  in  the  man- 
ner aforesaid,  the  assessment  upon  each  owner  to  bear  the  same 
proportion  to  the  whole  of  such  cost  and  expense  that  the  number 
of  lineal  feet  fronting  on  said  improved  portion  of  said  road.  In 
making  such  apportionment  and  assessment,  owners  of  land 
lying  opposite  to  said  improved  poition  of  said  road,  and  sepa- 
rated therefrom  only  by  an  intersecting  and  adjacent  street, 
whether  such  street  be  actually  opened  and  used  or  not,  shall  be 
assessed  as  if  such  land  fronted  directly  on  said  improved  portion 
of  said  road.  The  portion  of  said  work  on  cross  streets  shall  be 
pro  rated  in  the  manner  usual  in  the  city  of  Albany.  Such  assess- 
ment on  each  owner  to  be  payable,  one-third  in  five  years,  one- 
third  in  six  years  and  one-third  in  seven  years  from  the  date 
of  the  confirmation  of  such  assessment;  but  any  owner  so  assessed 
may,  at  any  time  after  such  confirmation,  pay  the  amount 
thereof  to  the  city  Chamberlain,  and  on  such  payment  shall  be 
allowed  a  rebate  in  the  amount  of  his  assessment,  at  the  rate  of 
five  per  centum  per  annum  from  tlie  time  of  payment  to  the  time 
when   said  assessment  would  become  due. 

By  whom  made. — Collection. 

§  4.  Such  assessment  shall  be  made  by  the  Board  of  Contract 
and  Apportionment  of  the  city  of  Albany,  under  the  rule  of 
assessment  as  prescribed  in  this  act,  and  by  the  same  proceed- 
ings, so  far  as  may  be  consistent  with  this  act,  as  are  provided 
for  in  and  by  title  eight  of  an  act  passed  March  sixteenth, 
eighteen  hundred  and  seventy,  entitled  "An  act  to  amend  the 
act  to  combine  into  one  act  the  several  acts  relating  to  the  city 
of  Albany,"  passed  April  twelfth,  eighteen  hundred  and  forty- 
two,  and  the  several  acts  amendatory  thereof,  and  also  to  repeal 
the  act  to  establish  a  capital  police  district,  and  to  provide  for 
the  government  thereof,  passed  April  twenty-second,  eighteen 
hundred  and  sixty-five,  and  the  several  acts  amendatory  thereof, 
in  so  far  as  they  relate  to  the  city  of  Albany,  and  the  amend- 
ments thereto;  and  such  assessments  shall  be  controlled  and  their 


City  of  Albany.  255 

collection  enforced  in  the  same  manner  provided  for  in  said  title 
of  said  act,  and  with  the  same  right  of  redemption  of  land  sold 
as  is  therein  provided  for;  and  such  assessment,  when  confirmed, 
shall  be  a  lien  on  the  lands  assessed  until  the  same  shall  be  paid, 
but  the  said  assessment  shall  not  bear  interest  until  the  first 
installment  of  the  same  shall  be  due,  and  each  installment 
thereof  shall  be  paid  with  interest  from  the  time  when  it  shal) 
become  due. 

Application  of   collections. 

§  5.  The  moneys  arising  from  the  payment  of  the  assessments, 
either  before  they  become  payable  or  at  the  time  thereof,  may 
be  invested  by  the  Chamberlain  under  the  direction  of  the  trus- 
tees of  the  sinking  fund  whenever,  in  their  judgment,  they  may 
deem  it  proper,  and  such  moneys  shall  only  be  used  for  the  pur- 
pose of  paying  the  bonds  of  the  city  herein  provided  for  as  they 
shall  become  due.  or  any  loan  that  may  have  been  effected  for 
such  purpose,  or  to  reimbui-se  the  city  the  amount  of  any  tax 
that  may  have  been  levied  and  collected  for  tlie  purpose  of  pay- 
ing any  portion  of  the  principal  of  such  bonds,  or  of  the  loan 
made  for  the  same  object. 

Road  to  be  in  charge  of  Park  Commissioners. — Encroachments 
forbidden. 
§  6.  The  portion  of  said  real  road  when  conveyed  to  said  Park 
Commissioners  and  improved  by  them  as  above  provided  shall 
be  deemed  an  approach  to  the  park,  and  shall  be  maintained  and 
kept  in  repair  by  said  Commissioners  and  shall  be  under  the 
control  and  charge  of  said  Commissioners,  subject  to  the  limita- 
tions contained  in  the  first  section  of  this  act;  and  it  shall  not 
be  lawful  for  any  owner  of  property  fronting  on  said  avenue  to 
encroach  upon  the  same  by  building  any  stoop,  portico  or  other 
structure  which  shall  project  over  the  line  of  said  avenue,  or  to 
encumber  any  portion  of  said  avenue  so  improved,  with  materials 
for  building  or  other  stnictures;  and  it  shall  l)e  the  duty  of  said 
Commissioners,  and  they  are  hereby  given  the  necessary  power, 
to  enforce  the  provisions  of  this  act  relating  to  encroachments 
of  obstructions. 

Boundaries  of  road. 

§  7.  The  boundaries  of  said  portion  of  said  road  shall  be  ascer- 
tained and  fixed  by  tlie  City  Surveyor  of  the  city  of  Albany,  and 


256  Laws  li elating  to  the 

all  fences  and  structures  encroaching  on  said  boundaries   shall 
be  removed  so  as  to  conform  thereto. 
§  8.  This  act  shall  take  effect  immediately. 


CHAPTER  290  OF  THE  LAWS  OF  1880. 

An  Act  to  permit  and  authorize  the  city  of  Albany  to  issue  the 
bonds  of  said  city  for  the  payment  of  the  expense  of  draining, 
grading,  forming,  paving  and  flagging  a  portion  of  South  Pearl 
street,  in  the  city  of  Albany,  and  to  extend  the  time  of  pay- 
ment of  the  assessments  therefor. 

Passed  May  14,  1880;    three-fifths  being  present. 
2'he  People    of  the    State  of  New  York,   represented  in    Senate    and 

Assembly,  do  enact  as  foliates  : 

When  city  has  provided  for  grading,  etc.,  South  Pearl  street, 
bonds  may  be  issued. — Denomination  of,  etc. — Proceeds  of, 
how  to  be  applied. — Assessments  to  be  liens,  but  sales  not 
to  be  made  for  five  years. 
Section  1.  Whenever  the  city  of  Albany  shall  have,  pursuant  to 
the  Laws  of  the  State  of  New  York  and  the  ordinances  of  said 
city  having  reference  thereto,  provided  for  the  draining,  forming 
and  grading,  paving  and  flagging.  South  Pearl  street,  in  said  city, 
from  Gansevoort  street  to  a  point  three  hundred  and  forty  feet 
south  of  McCarty  avenue,  and  the  work  shall  be  completed  and 
apportioned,  and  said  apportionment  shall  be  confirmed,  the  said 
city  is  hereby  and  shall  be  authorized  and  empowered  to  issue 
the  bonds  of  the  city  of  Albany  for  the  amount  of  the  expense  of 
such  work  when  assessment  for  the  same  shall  be  confirmed, 
Avhich  said  bonds  shall  be  called  the  South  Pearl  street  improve- 
ment bonds.  They  shall  be  issued  in  such  denomination  as  the 
finance  department  of  said  city  shall  determine;  shall  be  signed 
by  the  Mayor,  countersigned  by  the  Chamberlain  and  the  Clerk 
of  the  Common  Council,  and  shall  be  payable  in  seven  years  after 
their  date,  and  draw  interest  at  the  rate  of  not  exceeding  five 
per  centum  per  annum.  Such  bonds  shall  not  be  sold  at  less 
than  par.  With  the  proceeds  of  the  sale  of  such  bonds,  there 
shall  be  paid  by  the  Chamberlain  the  costs  and  expenses  of  said 
work  and  the  costs  and  expenses  of  said  bonds,  and  the  surplus, 
if  any,  shall  be  applied  to  the  fund  to  be  provided  for  the  pay- 
ment of  said  bonds.  The  amount  apportioned  and  assessed  for 
such  improvement  shall,   respectively,  be  liens  upon  the   houses 


Cjtt  of  a  lb  Ay  v.  257 

aud  lots  aud  vacant  lots  assessed  therefor;  but  there  shall  be  no 
intei'est  charged  thereon,  nor  any  sales  therefor,  until  the  expi- 
ration of  five  years  from  the  date  of  confirmation  aforesaid,  and 
the  provision  of  the  law  relative  to  the  charging  of  interest  on 
unpaid  assessments  in  said  citj'  is  hereby  suspended  in  relation 
to  the  assessment  made  for  said  improvement  for  five  years,  after 
which  time  the  same  shall  fully  apply. 

Finance  department  may  establish  rules  for  rebate  of  interest, 
etc. — Division  of  lots  and  apportionment  of  assessment. 
§  2.  The  finance  department  of  said  city  may  establish  rules 
and  regulations  for  the  rebate  of  interest  on  said  assessments, 
and  regulate  the  amount  to  be  rebated  on  such  assessments  paid 
before  the  expiration  of  said  five  years.  In  case  the  owner  or 
owners  of  any  large  lots  upon  which  any  assessment  has  been 
made,  as  hereinbefore  provided,  shall  subdivide  the  same  into 
smaller  lots,  and  desire  the  amount  of  the  original  apportion- 
ment apportioned  upon  said  smaller  lots,  it  shall  be  the  duty  of 
the  owner  or  owners  of  such  large  lot  to  have  a  survey  and  map 
thereof  made,  by  or  under  the  direction  of  City  Surveyor  and 
Engineer,  the  original  of  which  to  be  placed  on  file  and  retained 
in  the  office  of  the  City  Surveyor  and  Engineer,  and  a  copy 
thereof  to  be  filed  in  the  Clerk's  office  of  the  county  of  Albany, 
and  upon  the  request  of  such  owner  or  owners,  approved  by  the 
City  Surveyor  and  Engineer,  the  finance  department  shall  divide 
such  original  amount  assessed  upon  such  large  lot,  and  reap- 
portion and  assess  the  same  upon  such  smaller  or  subdiv'sion 
lots,  and  when  confirmed  such  amounts  as  may  be  so  reappor- 
tioned shall  be  received  by  the  Chamberlain  in  payment  for  and 
operate  as  a  release  of  the  lien  created  by  the  original  assess- 
ment, so  far  as  such  lien  may  apply  to  such  subdivision  lot. 

When  amount  to  be  placed  in  tax  budget. 

§  3.  The  year  prcnjcdiug  the  maturity  of  said  bonds,  the  amount 
thereof  and  interest  to  the  maturity  thereof  shall  be  placed  'n 
the  budget  and  raised  by  tax,  and  the  bonds  paid  at  maturity. 
The  proceeds  of  the  collections  and  sales  on  said  assessments 
shall  be  kept  separately  and  added  at  the  end  of  the  year  to  the 
fund;  after  the  bonds  and  interest  thereon  shall  have  been  fully 
paid,  the  sui-plus,  if  any  there  be  remaining  in  the  fund,  shall 
be  "transferred  to  the  general  fund. 

§  4.  This  act  shall  take  effect  immediately. 

17 


258  Laws  Relating  to  the 

CHArTER   201    OF  THE  LAWS   OF   1880. 

An  Act  for  grading  and  plaukiug  Delaware  avenue,  in  the  city 
of  Albany,  from  the  north  line  of  AVarren  street  to  the  division 
line  between  the  city  of  Albany  and  the  town  of  Bethlehem. 
and  to  provide  for  the  payment  of  the  same. 

Passed  May  14,  1S80;  three-flfths  being  present. 

The  People  of  the  State  of  Kein  York,  represented  in  Senate  and 
Assembly,  do  enact  asfolloirs: 

On  petition  of  owners  representing  three-fourths  lineal  feet 
frontage  on  Delaware  avenue,  city  to  provide  for  grading 
ap.d  planking  same. — General  tax  to  pay  for  same. 
Section  1.  Whenever  a  petition  shall  be  presented  to  the  Com- 
mon Council  of  the  city  of  Albany,  signed  by  the  owners  of  the 
real  estate  representing  three-fourths  of  the  lineal  feet  frontage 
upon  Delaware  avenue,  between  Warren  street  and  the  division 
line  between  the  city  of  Albany  and  the  town  of  Bethlehem, 
asking  for  the  grading  and  planking  of  the  same,  in  accordance 
with  the  provisions  of  this  act,  the  city  of  Albany  shall,  in  pur- 
suance of  the  laws  of  the  State  of  New  York,  and  of  the  ordi- 
nances of  said  city  having  reference  thereto,  provide  for  the 
grading  and  planking  of  said  Delaware  avenue,  from  the  north 
line  of  Warren  street  to  the  division  line  between  said  city  and 
the  town  of  Bethlehem,  such  planking  to  be  of  hard  wood,  not 
less  than  eight  feet  in  length  and  three  inches  in  thickness,  laid 
upon  four  hard-wood  stringers,  and  laid  in  the  road  bed  of  said 
avenue;  and  when  said  work  sliall  be  completed,  the  city  of 
Albany  is  hereby  authorized  to  provide  for  the  payment  of  the 
cost  of  the  same  by  a  general  tax  upon  tlie  city  of  Albany,  to  be 
provided  for  in  the  next  annual  tax  budget  of  the  city  of  Albany, 
and  collected  in  the  manner  provided  for  the  collection  of  taxes 
in  said  city,  and  when  so  collected  the  same  shall  be  used  for 
the  payment  of  the  cost  of  the  work  herein  provided  for. 

How  work  to  be  done  and  repaired. — Contracts. — Suits  against 
contractor. 

§  2.  The  work  provided  to  be  done  under  and  by  the  provisions 
of  this  act  shall  be  done,  and  the  plank-road  thereafter  shall  be 
kept  in  good  condition  and  repair,  under  contracts  to  be  made, 
let  and  entered  into  by  the  city  of  Albany,  acting  by  the  Board 
of  Contract  and  Apportionment  thereof,  but  only  after  due  public 


City  of  Albany.  259 

notice  for  bids  for  such  work  shall  be  given.  The  contracts  shall 
be  made  for  a  period  of  two  years,  and  the  contractor  shall  give 
a  bond,  with  a  penaltj'  of  twice  the  aggi-egate  amount  to  be 
paid  under  said  contract,  with  two  sufficient  sureties,  each  of 
whom  shall  be  a  freeholder  in  this  State,  and  shall  justify  in 
twice  the  penalty  of  the  bond.  Any  owner  of  land  abutting  upon 
the  road  so  to  be  improved  maj',  from  time  to  time,  sue  in  his 
name  and  recover  from  the  contractor,  or  from  the  sureties  upon 
his  bond,  or  fi'om  all  of  them,  fifty  dollars  for  each  and  every 
failure  of  the  contractor  to  comply  with  any  of  the  provisions  of 
said  contract,  if  such  failure  shall  continue  for  three  whole  days 
after  written  notice,  specifying  the  defects  in  said  road,  shall 
have  been  personally  served  on  said  contractor;  or  for  fiv.e  days 
after  a  similar  notice  shall  have  been  deposited  in  the  post-office 
in  the  city  of  Albany,  duly  inclosed  in  an  envelope,  with  the 
proper  postage  prepaid  thereon,  directed  to  said  contractor  at 
his  place  of  residence  (which  residence  shall  be  mentioned  in 
the  contract). 

After  May  12,  1876,  expense  of  road  to  be  paid  by  owners  of 
property  on  same. 
§  3.  This  act  shall  continue  in  force  until  May  first,  eighteen 
hundred  and  eighty-six,  at  and  after  which  time  the  city  of 
Albany  shall  be  relieved  from  the  further  expense  of  maintaining 
and  keeping  in  order  said  road;  and  the  same  shall  be  main- 
tained and  kept  in  order  at  the  expense  of  the  owners  of  abut- 
ting property,  as  in  the  case  of  the  paved  streets  in  the  city  of 
Albany. 

Not  to  prevent  paving  road. 

§  4.  This  act  shall  not  prevent  the  paving  of  said  road  if 
the  adjoining  owners  shall,  at  any  time,  duly  petition  therefor, 
in  accordance  with  the  provisions  of  the  charter  of  the  city  of 
Albany. 

§  5.  This  act  shall  take  effect  immediately. 


260  Laws  Relating  to  the 

("IIAPTEli  299  OF  THE  I.AAVS  OF  1887. 

An  Act  to  provide  for  tlio  iinprovi'ment  of  a  portion  of  Delaware 
avenue  in  the  city  of  Albany  and  tlie  streets  intersecting  the 
same,  and  for  the  payment  of  the  expenses  thereof. 

Passed  May  10,  1S«7;  three-fifths  being  present;  without  the 
approval  of  the  Governor. 

The  People  of  the  State  of  i\'('(o  York,  repirsc/ilcd  in  Scnotc  and 
Assonbly,  do  enact  asfoUoirs: 

Delaware  avenue,  proceedings  for  improvement  of  part  of. 

Section  1.  Whenever  a  petition  is  made  to  the  Common  Council 
of  the  city  of  Albany  in  the  form  and  manner  authorized,  and 
duly  certified  by  the  City  Engineer  and  Surveyor  as  required  by 
the  charter  of  the  city  of  Albany  for  the  grading,  filling,  forming, 
curbing  and  paving  the  carriage-way  with  oblong  dimension 
granite  blocks  of  the  best  quality,  of  that  portion  of  Delaware 
avenue  between  the  north  line  of  Warren  street  and  a  point  in 
said  Delaware  avenue  south  thereof  in  the  city  of  Albany,  said 
Common  Council  is  authorized  to  establish  a  grade  for  such 
street  and  the  streets  intersecting  the  same;  and  also  to  provide 
for  the  general  manner  of  execution  of  such  work,  and  to  take 
such  action  as  under  the  charter  of  said  city  and  the  laws  relat- 
ing to  the  same  shall  be  proper  in  the  premises,  and  to  direct 
such  work  to  bo  done,  and  it  shall  be  the  duty  of  the  Board  of 
Contract  and  Apportionment  and  the  other  boards,  authorities  and 
officers  of  said  city  to  carry  the  same  into  execution  and  effect. 

Work,  how  to  be  done. — Expense  thereof,  how  assessed. — To  be 
a  lien  upon  lands. 

§  2.  Such  work,  in  the  foregoing  section  provided  for,  if  author- 
ized by  the  Common  Council,  shall  be  done  in  all  respects  in 
accordance  with  the  laws  of  the  State  of  New  York  and  the 
laws,  ordinances  and  resolutions  of  the  Common  Council  of  the 
city  of  Albany.  Whenever  such  Avork  shall  have  been  completed 
the  expenses  thereof  shall  be  imposed  and  assessed  upon  the  prop- 
erty benefited  thereby  in  like  manner  and  form  as  other  asisess- 
ments  for  work  done  in  said  city  are  laid  and  imposed,  and  such 
assessment,  when  so  made,  shall  be  conclusive  evidence  of  the 
regularity  of  all  prior  proceedings  taken  and  had  under  the  pro- 
visions of  this  act,  and  shall  be  and  constitute  a  lien  and  charge 
upon  the  several  pieces  of  land  therein  described,   and  the  gen- 


City  of  Albany.  26  L 

eral  provisions  of  the  cliarter  of  the  city  of  Albany  now  existing, 
or  hereafter  to  be  enacted,  as  to  the  validity  of  any  assessment 
to  the  extent  of  any  certificates  of  indebtedness  issued  in  payment 
thereof,  shall  be  applicable  and  shall  apply  to  the  assessment  in 
this  act  provided  for  to  the  extent  of  auj'  bonds  issued  hereunder 
to  pay  for  the  same. 

Assessments,  when  due  and  payable. —  Discharge  of  liens,  on 
payment  of  assessments. —  Sale  of  property  for  unpaid 
assessments. —  City  Chamberlain  to  advertise  and  sell 
lands. 

§  3.  If  such  petition  sliall  be  duly  presented  to  the  Common 
Council  and  shall  be  certified  by  the  City  Engineer  and  Surveyor, 
as  above  provided  for,  then  and  in  such  case  the  assessment  for 
the  expense  of  such  work  above  provided  for  shall  be  and  become 
due  and  payable  in  the  manner  and  at  the  times  and  in  the  pro- 
portions following,  and  not  otherwise,  that  is  to  say,  one-tenth 
part  of  each  such  assessment,  with  interest  thereon  from  and 
after  the  date  of  the  confirmation  of  such  assessment,  at  and 
after  the  rate  of  three  per  centum  per  annum,  shall  be  payable 
on  the  first  day  of  September  following  the  confinnation  of  such 
assessment,  and  one- tenth  part  thereof,  with  like  interest  from 
the  date  of  the  confirmation  of  such  assessment,  shall  be  and 
become  due  and  payable  on  each  succeeding  fii-st  day  of  Sep- 
tember until  the  whole  of  such  assessment  shall  be  paid.  The 
owner  of  any  piece  of  property  so  assessed  may,  at  any  time,  pay 
to  the  Chamberlain  of  the  city  of  Albany  the  assessment  upon  his 
property,  with  interest  at  the  rate  aforesaid  up  to  the  time  of 
such  payment,  and  thereupon  said  property  shall  be  discharged 
from  the  lien  of  such  assessment.  In  case  any  payment  so  above 
provided  for  shall  not  be  made  when  as  above  provided  for,  it 
becomes  due  and  payable,  then  such  amount  shall  be  collected  by 
a  sale  of  the  property  assessed,  and  by  such  other,  if  any,  pro- 
ceeding as  may  bo  provided  by  law  for  the  collection  of  ordinary 
assessments  in  said  city.  It  shall  be  the  duty  of  the  Chamberlain 
of  the  city  of  Albany  immediately  when  any  such  default  shall 
take  place,  to  proceed,  under  the  provisions  of  the  charter  of  said 
city,  to  advertise  the  premises  assessed  for  such  amount  so  in 
default,  and  to  sell  the  same  for  the  amount  due  thereon,  with 
interest  on  such  amount  from  the  time  of  such  default,  at  the  rate 
prescribed  by  the  eharter  of  said  city  in  the  case  of  ordinary  city 
assessments,  together  with  the  costs  and  charges  of  the  notice  and 


262  Laws  Uelatino  to  the 

sale.  The  property  shall  be  sold  subject  to  all  subsequent  pay- 
ments chargeable  thereto  under  the  said  assessment,  and  subject 
to  any  other  city  assessment  then  a  lien  thereon,  and  the  Cham- 
berlain's certificate  of  sale  and  the  Chamberlain's  declaration  of 
sale  shall  each  be  conclusive  evidence  of  the  regularity  of  all  pro- 
ceedings prior  thereto,  including  the  sale. 

Improvement  bonds  to  issue. — Sale  thereof. — Rate  of  interest. — 
Annual  tax  to  pay  interest  and  principal. — Payment  to  con- 
tractors.— Provisions  of  section  3  and  section  4,  when  to 
apply. 
§  4.  It  shall  be  the  duty  of  the  Board  of  Finance  of  the  city  of 
Albany,  upon  the  confirmation  of  any  assessment  mentioned  in 
section  three  of  this  act,  to  cause  to  be  prepared  and  executed  in 
the  usual  form,  bonds  of  said  city  to  be  known  as  Delaware  avenue 
improvement  bonds,  and  to  sell  so  many  of  the  same  as  near  as 
may  be,  as  shall  produce  an  amount  equal  to  such  assessment, 
at  public  auction,  at  not  less  than  par,  after  notice  of  such  intended 
sale  shall  have  been  published  for  ten  days,  Sundays  and  legal 
holidays  excepted,  in  the  three  city  ne^\^spapers  appointed  and 
authorized  to  publish  city  notices  in  the  city  of  Albany.  Such 
bonds  shall  bear  interest  at  not  exceeding  three  and  one-half  per 
centum  per  annum,  and  shall  be  so  respectively  made  payable, 
that  of  the  principal  sum  thereby  secured,  there  shall  fall  due  on 
each  first  day  of  September  after  their  issue,  bonds  representing 
such  sum  as  shall,  under  the  provisions  of  this  act,  be  payable 
upon  the  assessment  to  represent  which  said  bonds  shall  be 
issued.  The  interest  upon  such  bonds  shall  be  raised  in  the  annual 
tax  budget  of  said  city,  and  the  principal  thereof  shall  be  paid  by 
the  city,  as  they  respectively  mature,  out  of  the  amount  collected 
from  the  assessment  to  pay  the  amount  of  which  the  bonds  were 
issued.  Should  there  not  be  sufficient  money  in  the  Chamberlain's 
hands,  collected  from  such  assessment,  to  pay  the  bonds  or  any  of 
them  when  they  mature,  then  such  bonds  shall  be  paid  out  of  the 
general-debt  sinking  fund  of  the  city,  and  in  such  case  any  money 
thereafter  collected  from  the  assessment  shall  be  paid  into  snch 
sinking  fund.  The  proceeds  of  such  bonds  shall  be  applied  to  the 
payment  of  the  amount  due  to  the  contractor  and  any  other 
expenses  represented  in  and  covered  by  such  assessment.  The 
provisions  of  sections  three  and  four  of  this  act  shall  not  be 
applicable  to  any  work  done  hereunder,  and  any  assessment  for 


City  of  Albajs'Y.  263 

such  work  shall  be  collected  and  paid  in  all  respects  as  other 
assessments  are  now  collected  and  paid  in  under  the  provisions 
of  the  charter  of  said  city  unless  the  Common  Council  shall,  in 
the  law  and  ordinance  providing  for  the  doing  of  such  work, 
direct  that  the  provisions  of  this  act  as  to  the  loaning  of  the 
credit  of  the  city  therefor  shall  be  applicable  thereto,  which  pro- 
vision in  the  law  or  ordinance  for  such  work  the  owners  signing 
a  petition  for  the  doing  of  said  work  are  authorized  to  make  a 
condition  of  said  petition's  taking  effect. 

Gas  and  water  pipes,  drains,  etc.,  laying  of. 

§  5.  All  drains  or  culverts  hereafter  to  be  constructed,  and  all 
gas,  water  or  otlier  pipes  hereafter  to  be  laid,  relaid  or  placed  in 
said  street  between  the  points  above  designated,  shall  be  con- 
structed and  laid  under  the  sidewalk,  and  not  under  the  carriage- 
way thereof. 

§  6.  This  act  shall  take  effect  immediately. 


CHAPTER  319  OF  THE  LAWS  OF  1888. 

An  Act  to  provide  for  the  improvement  of  a  iwrtion  of  Delaware 
avenue,  in  the  city  of  Albany,  and  the  streets  intersecting  the 
same,  and  for  the  payment  of  the  expense  thereof. 

Approved  by  the  Governor  May  17,  1888.  Passed,  three-fifths  being 
present. 

27(f  Piople  of  tJtc  State  of  Si^ic  York,  represented  in  Senate  and 
Assembly,  do  enact  as  follows  : 

Section  1.  Whenever  a  petition  is  made  to  the  Common  Council 
of  the  city  of  Albany,  which  petition  shall  be  in  the  manner  and 
form  authorized  and  required  by  the  charter  of  the  city  of  Albany, 
and  dulj'  certified  by  the  City  Engineer  and  Surveyor  as  i*equired 
by  the  charter  of  the  city  of  Albany,  for  the  grading,  filling, 
forming,  curbing  and  paving  and  repaving  the  carriage-way  and 
sidewalk  with  such  kind  of  pavement  as  shall  be  set  forth  in  said 
petition,  of  that  portion  of  Delaware  avenue  between  the  south 
side  of  Madison  avenue  and  the  south  boundary  line  of  the  city 
of  Albany,  or  between  the  south  side  of  Madison  avenue  and  any 
point  south  of  the  south  side  of  Madison  avenue  as  designated 
in  said  petition;  or  between  the  north  side  of  WaiTen  street  and 
any  point  south  of  the  north  side  of  Warren  street  as  designated 
in  said  petition,  said  Common  Council  is  authorized  to  establish 


264  Laws  Relating  to  the 

a  grade  for  such  street;  and  also  to  provide  for  the  general  man- 
ner of  execution  of  snch  work,  and  to  take  such  action  as  under 
the  charter  of  said  city  and  the  laws  relating  to  the  same  shall 
be  proper  in  the  promises,  and  to  direct  such  work  to  be  done; 
and  it  shall  be  the  duty  of  the  Board  of  Contract  and  Apportion- 
ment, and  the  other  boards,  authorities  and  officers  of  said  city, 
to  carry  die  same  into  execution  and  effect. 

§  2.  Such  work,  in  the  foregoing  section  provided  for,  if  author- 
ized by  the  Common  Council,  shall  be  done  in  all  respects  in 
accordance  with  the  Laws  of  the  State  of  New  York  and  the  laws, 
ordinances  and  resolution  of  the  Common  Council  of  the  city  of 
Albany.  Whenever  such  work  shall  have  been  completed,  the 
expenses  thereof  shall  be  imposed  and  assessed  upon  the  prop- 
erty benefited  thereby  in  like  manner  and  form  as  other  assess- 
ments for  work  done  in  said  city  are  laid  and  imposed,  and  such 
assessment,  when  so  made,  shall  be  conclusive  evidence  of  the 
regularity  of  all  prior  proceedings  taken  and  had  under  the  pro- 
visions of  this  act,  and  shall  be  and  constitute  a  lien  and  charge 
upon  the  several  pieces  of  land  therein  described;  and  the  general 
provisions  of  the  charter  of  the  city  of  Albany  now  existing,  or 
hereafter  to  be  enacted,  as  to  the  validity  of  any  assessment  to 
the  extent  of  any  certificates  of  indebtedness  issued  in  payment 
thereof,  shall  be  applicable  and  shall  apply  to  the  assessment  in 
this  act  provided  for  to  the  extent  of  any  bonds  issued  hereunder 
to  pay  for  the  same. 

§  3.  If  such  petition  shall  be  duly  presented  to  the  Common 
Council,  and  shall  be  certified  by  the  City  Engineer  and  Sur- 
veyor, as  above  provided  for,  then,  in  such  case,  the  assessment 
for  the  expense  of  such  work  above  provided  for  shall  be  and 
become  due  and  payable  in  the  manner  and  at  the  time  and  in 
the  proportions  following,  and  not  otherwis,  that  is  to  say,  one- 
tentli  part  of  each  such  assessment,  with  interest  on  the  whole 
amount  of  the  entire  assessment  up  to  that  time  remaining  unpaid 
from  and  after  the  date  of  the  confirmation  of  such  assessment, 
at  and  after  the  rate  of  three  per  centum  per  annum,  shall  be 
payable  on  the  first  day  of  September  following  the  confinnation 
of  such  assessment,  and  one-tenth  part  thereof,  with  like  interest 
on  the  whole  amount  of  the  entire  assessment  up  to  that  time 
remaining  unpaid  from  the  date  of  the  confirmation  of  such  assess- 
ment, shall  be  and  become  due  and  payable  on  each  succeeding 
first  day  of  September  until  the  whole  of  such  assessment  shall 


City  of  Albany.  265 

be  paid.  The  owner  of  any  piece  of  property  so  assessed  may, 
at  any  time,  pay  to  the  Chamberlain  of  the  city  of  Albany  the 
assessment  upon  his  property,  with  interest  at  the  rate  afore- 
said up  to  the  time  of  such  payment,  and  thereupon  said  property 
shall  be  discharged  from  the  lien  of  such  assessment.  In  case 
any  payment  so  above  provided  for  shall  not  be  made  when,  as 
above  provide  for,  it  becomes  due  and  payable,  and  then  such 
amount  shall  be  collected  by  a  sale  of  the  property  assessed,  and 
by  such  other,  if  any,  proceeding  as  may  be  provided  by  law  for 
the  collection  of  ordinary  assessments  in  said  city.  It  shall  be 
the  duty  of  the  Chamberlain  of  the  city  of  Albany  immediately 
when  any  such  default  shall  take  place,  to  proceed,  under  the  pro- 
visions of  the  charter  of  said  city,  to  advertise  the  premises 
assessed  for  such  amount  so  in  default,  and  to  sell  the  same  for 
the  amount  due  thereon,  with  interest  on  such  amount  from  the 
time  of  such  default,  at  the  rate  prescribed  by  the  charter  of  said 
city  in  the  case  of  ordinary  city  assessments,  together  with  the 
costs  and  charges  of  the  notice  and  sale.  The  property  shall  be 
sold  subject  to  all  subsequent  payments  chargeable  thereto  under 
the  said  assessment,  and  subject  to  any  other  city  assessment 
then  a  lien  thereon,  and  the  Chamberlain's  certificate  and  the 
Chamberlain's  declaration  of  sale  shall  each  be  conclusive  evi- 
dence of  the  regularity  of  all  proceedings  prior  thereto,  including 
the  sale. 

§  4.  It  shall  be  the  duty  of  the  board  of  finance  of  the  city  of 
Albany,  upon  the  confirmation  of  any  assessment  mentioned  in 
section  three  of  this  act,  to  cause  to  be  prepax-ed  and  executed 
in  the  usual  form,  bonds  of  said  city,  to  be  known  as  Delaware 
avenue  improvement  bonds,  and  to  sell  so  many  of  the  same,  as 
near  as  may  be,  as  shall  produce  an  amount  equal  to  such  assess- 
ment, at  public  auction,  at  not  less  than  par,  after  notice  of  such 
intended  sale  shall  have  been  published  for  ten  days.  Sundays 
and  legal  holidays  excepted,  in  the  three  city  newspapers 
appointed  and  authorized  to  publish  city  notices  in  the  city  of 
Albany.  Such  bonds  shall  bear  interest  at  (not  exceeding)  three 
and  a  half  per  centum  per  annum,  and  shall  be  so  respectively 
made  payable,  that  of  the  principal  sum  thereby  secured  to  be 
paid  there  shall  fall  due  on  each  first  day  of  November  following, 
each  first  day  of  September  succeeding  the  confirmation  of  the 
assessment  above  provided  for,  bonds  representing  one-tenth  part 
of  the  aforesaid  assessment,  to  represent  which  said  bonds  shall 


2QQ  .  Laws  Relating  to  the 

be  issued.  The  principal  and  interast  on  such  bonds  shall  be 
paid  by  the  city  as  they  respectively  mature,  out  of  the  amount 
collected  from  the  assessment  to  pay  the  amount  of  which  the 
bonds  were  issued.  Should  there  not  be  sufficient  money  in  the 
Chamberlain's  hands,  collected  from  such  assessment,  to  pay  the 
bonds,  or  any  of  them,  or  the  interest  thereon,  when  they  mature, 
then  such  bonds  or  interest  shall  be  paid  out  of  the  general  debt 
sinking  fund  of  the  city,  and  in  such  case  any  money  thereafter 
collected  from  the  assessment  shall  be  paid  into  suc-h  sinking 
fund.  The  proceeds  of  such  bonds  shall  be  applied  to  the  pay- 
ment of  the  amount  due  to  the  contractor  and  any  other  expense 
represented  in  and  covered  by  such  assessment.  The  provisions 
of  sections  three  and  four  of  this  act  shall  not  be  applicable  to 
any  work  done  hereunder,  and  any  assessment  for  such  work 
shall  be  collected  and  paid  in  all  respects  as  other  assessments 
are  now  collected  and  paid  in,  under  the  provisions  of  the  charter 
of  said  city,  unless  the  Common  Council  shall,  in  the  law  and 
ordinance  providing  for  the  doing  of  such  work,  direct  that  the 
provisions  of  this  act  as  to  the  loaning  of  the  credit  of  the  city 
therefore*  shall  be  applicable  thereto,  which  provision  in  the  law 
or  ordinance  for  such  work,  the  owner  signing  a  petition  for  the 
doing  of  said  work  are  authorized  to  make  a  condition  of  said 
petition   taking  effect. 

(As  amended  by   chapter  176,   Laws  of  1891.) 

§  5.  All  drains  or  culverts  hereafter  to  be  constructed,  and  all 
gas,  water  or  other  pipes  hereafter  to  be  laid,  relaid  or  placed  in 
said  streets  between  the  points  above  designated,  shall  be  con- 
structed and  laid  under  the  sidewalks  and  not  under  the  carriage- 
way thereof;  and  all  water,  sewer  and  gas  pipes  now  laid  in  said 
streets  shall  be  taken  up  and  relaid  under  the  sidewalk  before  the 
carriage-way  is  paved  as  herein  .provided  for.  The  chairman  of 
the  Board  of  Supervisors  is  hereby  authorized  to  sign  the  petition 
mentioned  in  the  first  section  of  this  act,  for  and  on  behalf  of  the 
county  of  Albany  and  on  account  of  the  land  used  in  connection 
with  the  penitentiary  property  on  said  Delaware  avenue.  The 
provisions  of  the  charter  of  the  city  of  Albany  as  to  ordinary 
repains  to  granite  block  or  other  kind  of  square  stone  pavement 
shall  apply  to  the  Trinidad  asphalt  pavement  if  selected  by  the 
property  owners  to  be  laid  on  Delaware  avenue. 

§  6.  This  act  shall  take  effect  immediately. 


City  of  Albany.  267 

CHAPTER  G93  OF  THE  LAWS  OF  1881. 
An  Act  to  permit  and  authorize  the  city  of  Albany  to  issue  the 
bonds  of  said  city  for  the  payment  of  the  expen-se  of  excavating, 
filling,  forming,  curbing  and  paving  with  dimension  granite 
blocks  Clinton  avenue,  in  said  city  of  Albany,  from  North  Pearl 
street,  in  said  city,  to  a  point  west  in  said  avenue  to  be  deter- 
mined by  the  Common  Council  of  said  city,  and  to  provide  for 
the  payment  of  said  bonds. 

Passed  August  12,  1881;    three-fifths  being  present. 
The   People  of  the  State  of  JSfeiP    York,    represented  in    Senate    and 
Asse^nbly,  do  enact  as  follows  : 

When    city   may   issue   bonds.— How   issued. — Sale    of    proceeds 
how  applied. — Liens. — Rebate  of  interest. 
Section  1.  Whenever  the  city  of  Albany  shall  have,  pursuant  to 
the  Laws  of  the  State  of  New  York,  and  the  ordinances  of  said 
city  having  reference  thereto,  provided  for  the  excavating,   fill- 
ing, forming,  curbing  and  paving  with  dimension  granite  blocks, 
Clinton  avenue,  in  said  city  of  Albany,  from  North  Pearl  street, 
in  said  city  of  Albany,  to  a  point  west  in  said  avenue  to  be  deter- 
mined by  the  Common  Council  of  said  city,   and  the  necessary 
work  therefor  shall  be  completed  and  the  cost  and  expense  thereof 
apportioned  and  assessed,  and  said  apportionment  and  assessment 
therefor  shall  be  confirmed,  the  said  city  is  hereby  and  shall  be 
authorized  and  empowered  to  issue  the  bonds  of  the  city  of  Albany 
for  the  amount  of  the  cost  and  expense  of  such  work,  which  said 
bonds  shall   be  called   the   Clinton   avenue   improvement   bonds. 
Such  bonds  shall  be  signed  by  the  Mayor  and  countersigned  by 
the  Chamberlain  and  the  Clerk  of  the  Common  Council  of  said 
city,  and  shall  be  issued  in  such  denominations  and  be  payable 
at  such  a  period,  and  bear  interest  at  such  rate,  not  exceeding  five 
per  centum   per  annum,   as  may  be  determined  by   the   finance 
department  of  said  city  prior  to  the  issuing  of  such  bonds.     Such 
bonds  shall  be  sold  at  public  auction  by  the  Chamberlain  of  said 
city  at  not  less  than  par.    With  the  proceeds  of  the  sale  of  such 
bonds   there  shall   be  paid  by   the   Chamberlain   the  costs   and 
expenses  of  said  work  and  the  cast  and  expenses  of  issuing  said 
bonds,  and  the  surplus,  if  any,  shall  be  applied  to  the  fund  to 
be  provided  for  the  payment  of  said  bonds.    The  amounts  appor- 
tioned and  assessed  for  such  improvement  shall,  respectively,  be 
liens  upon  the  houses  and  lots  and  vacant  lots  assessed  therefor;  but 


2G8  Laws  Relating  to  the 

there  shall  be  no  interest  charged  thereon,  nor  any  sales  therefor, 
until  the  expiration  of  five  years  from  the  date  of  the  confirma- 
tion aforesaid,  and  the  provisions  of  law  relative  to  the  charging 
of  interest  on  unpaid  assessments  in  said  city  is  hereby  sus- 
pended in  relation  to  the  assessment  made  for  said  improvement 
for  five  years,  after  which  time  the  same  shall  fully  apply.  The 
finance  department  of  said  city  may  establish  riiles  and  regula- 
tions for  the  rebate  of  interest  on  said  assessments,  and  regulate 
the  amount  to  be  rebated  on  such  assessments  paid  before  the 
expiration  of  said  five  years.  The  payment  of  the  interest  on 
said  bonds  shall  be  provided  for  by  being  included  in  the  annual 
tax  budget  of  the  said  city,  sent  to  the  Board  of  Supervisors. 

Advertisement,  etc.,  not  to  be  made  until  Corporation  Counsel 
gives  certificate. 
§  2.  The  advertisement  for  proposals  to  do  the  necessary  work 
for  said  improvement  and  the  letting  of  the  contract  therefor 
shall  not  be  made  until  the  Corporation  Counsel  certifies  as  to 
the  legality  and  correctness  of  all  the  necessary  steps  and  pro- 
ceedings taken  under  the  laws  and  ordinances  of  said  city  to  that 
time.  The  contract  for  the  doing  of  the  necessary  work  therefor 
shall  be  let  to  the  lowest  responsible  bidder. 

Assessment,  etc.,  to  be  made  by  Board  of  Contract. 

§  3.  The  assessment  and  apportionment  of  the  cost  and  expenses 
of  said  improvement  shall  be  made  by  the  Board  of  Contract  and 
Apportionment  of  said  city  of  Albany,  as  is  provided  for  in  and  by 
title  eight  of  an  act  passed  March  sixteenth,  eighteen  hundred 
and  seventy,  entitled  "An  act  to  amend  the  'Act  to  combine  into 
one  act  the  several  acts  relating  to  the  city  of  Albany,'  passed 
April  twelfth,  eighteen  hundred  and  forty-two.  and  the  several 
acts  amendatory  thereof,  in  so  far  as  they  relate  to  the  city  of 
Albany,"  and  the  amendments  thereto. 

Tax  to  pay  bonds. 

§  4.  The  year  preceding  the  maturity  of  saidi  bonds  the  amount 
thereof  equal  to  the  amount  of  the  unpaid  assessments  and  appor- 
tionments therefor,  with  interest  thereon  to  the  maturity  of  said 
bonds,  shall  be  placed  in  the  tax  budget  and  raised  by  tax  and 
the  said  bonds  paid  at  maturity.  The  moneys  arising  from  the 
payment  of  the  assessments,  either  before  they  become  payable 
or  at  the   time   thereof,    may  be   invested   by   the   Chamberlain, 


City  of  Albany.  269 

under  the  direction  of  tlie  trustees  of  the  sinking  fund,  whenever, 
in  their  judgment,  they  may  deem  it  proper,  and  such  moneys 
shall  only  be  used  for  the  purpose  of  paying  the  bonds  of  the  city 
herein  provided  for.  The  suiiilus,  if  any  there  be  remaining  in 
the  fund  after  the  payment  of  said  bonds,  shall  be  transferred  to 
the  general  fund. 
§  5.  This  act  shall  take  effect  immediately. 


CHAI'TER   458   OF   THE   LAWS   OF   1881. 

An  Act  to  pennit  and  authorize  the  city  of  Albany  to  issue  the 
bonds  of  the  said  citj'  for  the  payment  of  the  expense  of  drain- 
ing, grading,  forming,  paving  and  flagging  a  portion  of  Sei-ond 
avenue  in  the  city  of  All»any,  and  to  extend  the  time  of  pay- 
ment of  the  assessments  therefor. 

Passed  June  4,  1881;    three-fifths  being  present. 

The   People  of  the  State  of  New    York,   represoited  in    Senate    and 
Assembly,  do  enact  as  follows  : 

When  city  may  issue  bonds  for  paving,  etc. — Denomination  of, 
etc. — Assessments  to  be  liens. 
Section  1.  Whenever  tlie  city  of  Albany  shall  have,  pursuant 
to  the  Laws  of  the  State  of  New  York,  and  the  ordinaucco  of 
said  city  having  reference  thereto,  provided  for  the  draining, 
forming  and  grading,  paving  and  flagging.  Second  avenue,  in  the 
said  city,  from  Sloan  street  to  the  intersection  of  Second  and 
Delaware  avenues,  and  the  work  shall  be  completed  and  appor- 
tioned, and  said  apportionment  shall  be  confirmed,  the  said  city 
is  hereby  and  shall  be  authorized  and  empowered  to  issue  the 
bonds  of  the  city  of  Albany  for  the  amount  of  the  expense  of 
such  work  when  assessment  for  the  same  shall  be  confirmed, 
which  said  bomls  shall  be  called  the  Second  avenue  improvement 
bonds.  They  shall  be  issued  in  such  denomination  as  the  finance 
department  of  said  city  shall  determine,  shall  be  signed  by  the 
Mayor,  countersigned  by  the  Chamberlain  and  Clerk  of  the  Com- 
mon Council,  and  shall  be  payable  in  seven  years  after  their 
date,  and  draw  interest  at  the  rate  of  not  exceeding  five  per 
centum  per  annum.  Such  bonds  shall  not  be  sold  at  less  than 
par.  With  the  proceeds  of  the  sale  of  such  bonds  there  shall  be 
paid  by  the  Chamberlain  the  costs  and  expenses  of  said  work  and 
the  costs  and  expenses  of  said  bonds,  and  the  surplus,  if  any, 


270  Laws  Relating  to  the 

shall  be  applied  to  the  fund  to  be  provided  for  the  payment  of 
said  boncLs.  T\w  amounts  apportioned  and  assessed  for  such 
imprcvements  shall,  respectively,  be  liens  upon  the  houses  and 
lots  and  vacant  lots  assessed  therefor;  but  there  shall  be  qo 
interest  charged  thereon,  nor  any  sales  therefor,  until  the  expira- 
tion of  five  years  from  the  date  of  confirmation  aforesaid,  and  the 
provision  of  the  law  relative  to  the  charging  of  interest  on  unpaid 
assessments  in  said  city  is  hereby  suspended  in  relation  to  the 
assessment  made  for  said  improvement  for  five  years,  after  which 
time  the  same  shall  fully  apply. 

Rebate  of  interest,  etc.,  on  assessments. — ^Subdivision  of  lots. — 
Reapportionment  of  amount  on. 
§  2.  The  finance  department  of  said  city  may  establish  rules 
and  regulations  for  the  rebate  of  interest  on  said  assessments, 
and  regulate  the  amount  to  be  rebated  on  such  assessments  paid 
before  the  expiration  of  said  five  years.  In  case  the  owner  or 
owners  of  any  large  lots  upon  which  any  assessment  has  been 
made,  as  hereinbefore  provided,  shall  subdivide  the  same  into 
smaller  lots  and  desire  the  amount  of  the  original  apportionment 
apportioned  upon  said  smaller  lots,  it  shall  be  the  duty  of  the 
owner  or  owners  of  such  large  lots  to  have  a  survey  and  map 
thereof  made  by  or  under  the  direction  of  the  City  Surveyor  and 
Engineer,  the  original  of  which  to  be  placed  on  file  and  retained 
in  the  office  of  the  City  Surveyor  and  Engineer,  and  a  copy 
thereof  to  be  filed  in  the  Clerk's  office  of  the  county  of  Albany; 
and  upon  the  request,  in  writing,  of  such  owner  or  owners, 
approved  by  the  City  Surveyor  and  Engineer,  the  Board  of  Con- 
tract and  Apportionment  shall  divide  such  original  amount 
assessed  upon  such  large  lot,  and  reapportion  and  assess  the 
same  upon  such  smaller  or  subdivision  lots,  and  when  confirmed 
such  amounts  as  may  be  so  reapportioned  shall  be  received  by  the 
Chamberlain  in  payment  for  and  operate  as  a  release  of  the  lien 
created  by  the  original  assessment,  so  far  as  such  lien  may  apply 
to  such  division  lot. 

Tax  to  pay  bonds. 

§  3.  The  year  preceding  the  maturity  of  said  bonds,  the  amount 
thereof  equal  to  the  amount  of  the  unpaid  assessments  and 
interest  to  the  maturity  thereof  shall  be  placed  in  the  budget 
and  raised  by  tax,  and  the  bonds  paid  at  maturity.    The  proceeds 


City  of  Albany.  271 

of  the  collections  and  sales  on  said  assessments  with  the  amount 
raised  by  tax  shall  be  kept  separately  and  added  at  the  end  of 
the  year  to  the  fund  for  the  payment  of  said  bonds,  with  the 
interest  thereon,  and  after  the  bonds  and  interest  thereon  shall 
have  been  fully  paid,  the  surplus,  if  any  there  be  remaining  in 
the  fund,  shall  be  transferred  to  the  general  fund. 

When  work  to  be  advertised  and  let. 

§  4.  The  Board  of  Contract  and  Apportionment  are  authorized 
to  cause  the  work  for  said  improvement  to  be  advertised  and  let 
after  the  Corporation  Counsel  shall  have  certified  to  the  regularity 
of  all  the  proceedings  taken  prior  to  such  advertisement  and 
letting;  and  then  the  contract  shall  be  let  to  the  lowest  respon- 
sible bidder. 

§  5.  This  act  shall  take  effect  immediately. 


CHAl'TEU  75  OF  THE  LAWS  OF  1886. 

An  Act  to  provide  for  the  improvement  of  that  portion  of  Broad- 
way between  the  north  line  of  De  Witt  street  and  the  north 
boundary  line  of  the  «ity  of  Albany,  and  the  streets  intersect- 
ing the  same,  and  for  the  payment  of  the  expenses  thereof. 

Passed  March  26,   1886;    three-fifths  being  present. 

The   People  of  the   State  of  New   York,    represented    in   Senate    and 
Aisemhly,  do  enact  asfolloics: 

Petition  to  Common  Council  for  Broadway  improvement. — Duly 
of  City  Surveyor. — Duty  of  Common  Council. — Duty  of  Board 
of  Contract. 
Section  1.  The  owners  or  agents  of  the  owners  of  the  land  rep- 
resenting more  than  one-half  the  aggregate  number  of  feet  of 
frontage  upon  that  portion  of  Broadway  between  the  north  line 
of  De  Witt  street  and  the  north  boundary   line   of   the  city   of 
Albany,   in  the  city  of  Albany,   may,   at  any  time  within   three 
months  from  and  after  the  time  that  this  act  shall  take  effect, 
present  to  the  Common  Council  of  said  citj'  a  petition  in  writing, 
subscribed  by  such  owners  or  their  agents  and  duly  acknowledged 
before  some  officer   authorized  to  take   the   acknowledgment   of 
deeds,  asking  for  the  grading,  filling,  forming,  flagging  the  side- 
walks, curbing  and  paving  the  carriage-way  with  oblong  dimen- 


272  Laws  Rklati^g  to  the 

sion  grauito  blot-ks  of  the  best  quality,  of  that  portion  of  Broad- 
way in  said  ■city  above  specified,  subject  to  such  provisions  as  to 
character  and  quality  of  work  and  materials  not  inconsistent 
herewith,  as  may  be  specified  in  suci  petition.  It  shall  thei-e- 
upon  be  the  duty  of  the  City  Engineer  and  Surveyor  of  said  city 
to  inquire  and  ascertain  whether  such  owners  themselves,  or  by 
their  agents,  have  subscribed  such  petition,  and  whether  the  per- 
sons so  subscribing  the  same  represented  more  than  one-half  of 
the  aggregate  number  of  feet  of  frontage  upon  the  aforesaid 
portion  of  Broadway,  and  if  he  shall  find  that  such  is  the  fact 
he  shall  so.  certify  upon  such  petition,  and  his  certificate  shall  be 
conclusive  evidence  of  such  facts,  and  of  each  of  them,  and  it 
shall  thereupon  be  the  duty  of  tlie  said  Common  Council  forthwith 
to  establish  a  grade  for  such  street  and  the  streets  intersecting 
the  same;  and  also  to  provide  for  the  general  manner  of  execu- 
tion of  such  work,  and  to  take  such  action  as  under  the  -charter 
of  said  city  and  the  laws  relating  to  the  same  shall  be  proper  in 
the  premises,  and  to  direct  such  work  to  be  done,  and  it  shall  be 
the  duty  of  the  Board  of  Contract  and  Apportionment  and  the 
other  boards,  authorities  and  oflicers  of  said  ci^y  to  carry  the 
same  into  execution  and  effect. 

Work,  how  to  be  done. — Board  of  Contract  may  direct  certain 
repairs. — Cost  of  work,  how  assessed. 

§  2.  Such  work,  in  the  foregoing  section  provided  for,  .shall  be 
done  in  all  respects  in  accordance  with  the  Laws  of  the  State  of 
New  York  and  the  laws,  ordinances  and  resolutions  heretofore 
passed  by  the  Common  Council  of  tlie  city  of  Albany  applicable 
to  the  premises,  which  said  laws,  ordinances  and  resolutions  are 
hereby  ratified  and  made  valid;  provided,  however,  that  as  to  so 
much  of  the  carriage-way  of  the  street  as  is  now  laid  in  granite 
blocks,  and  so  much  of  the  sidewalks  as  is  flagged,  the  contract 
for  such  work  may.  in  the  discretion  of  the  Board  of  Conti-act 
and  Apportionment,  provide  simply  for  the  relaying  and  putting 
in  proper  order  and  repair  of  the  present  granite  block  pavement 
and  of  the  present  flagging,  instead  of  the  furnishing  of  new 
granite  blocks  and  now  flagging  therefor.  Whenever  such  work 
shall  have  been  completed,  the  expense  thereof  shall  be  imposed 
and  assessed  upon  the  px-operty  benefited  thereby  in  like  manner 
and  form  as  other  assessments  for  work  done  !n  said  city  are 
laid  and  imposed. 


City  of  Ablant.  273 

Assessments  for  street  improvement  and  sewers,  when  to  be 
payable. — ^Sale  of  lands  for  non-payment  of  assessments.— 
Duty  of  City  Chamberlain  as  to  sale. 
§  3.  If  such  petition  shall  be  duly  presented  to  the  Common 
Council  and  shall  be  certified  by  the  City  Engineer  and  Survej'or, 
as  above  provided  for,  then  and  in  such  case  the  assessment  for 
the  expense  of  such  work  above  provided  for,  and  any  assess- 
ment which  may  be  laid  or  imposed  upon  property  benefited,  to 
cover  the  expense  of  certain  sewers  or  drains  now  in  process  of 
construction  or  to  be  hereafter  constructed  under  certain  laws  of 
the  Common  Council  of  the  city  of  Albany,  passed  on  March  six- 
teen, eighteen  hundred  and  eighty-five,  and  entitled  as  follows: 
A  law  to  provide  for  draining  Broadway  from  the  arch  or  cul- 
vert to  be  constructed  over  Patroon's  creek  to  the  south  line  of 
North  Ferrj-  street;  and  a  law  to  authorize  and  provide  for  the 
construction  and  laying  of  brick  and  cement  sewers  in  Broadway, 
from  the  arch  or  culvert  to  be  constructed  over  Patroon's  creek, 
to  the  north  line  of  the  city,  shall  be  and  become  due  and  payable 
in  the  manner  and  at  the  times  and  in  the  proportions  following 
and  not  otherwise,  that  is  to  say,  one-fifth  part  of  each  such 
assessment  shall  be  payable  on  the  first  day  of  September  of  the 
year  next  succeeding  the  year  in  which  such  assessment  shall  be 
confirmed,  and  one-fifth  part  thereof  shall  be  and  become  due 
and  payable  on  each  succeeding  first  day  of  September  until  the 
whole  amount  of  such  assessment  shall  be  paid.  In  case  any 
payment  so  above  provided  for  shall  not  be  made  when,  as  above 
provided  for,  it  becomes  due  and  payable,  then  such  amount  shall 
be  collected  by  a  sale  of  the  property  assessed,  and  by  such  other, 
if  any,  proceeding  as  may  be  provided  by  law  for  the  collection 
of  ordinary  assessments  in  said  city.  It  shall  be  the  duty  of  the 
Chamberlain  of  the  city  of  Albany,  immediately  when  any 
such  default  shall  take  place,  to  proceed,  under  the  provisions  of 
the  charter  of  said  city,  to  advertise  the  premises  assessed  for 
such  amount  so  in  default,  and  to  sell  the  same  for  the  amount 
due  thereon,  together  with  interest  thereon  from  the  time  of  such 
default  at  the  rate  prescribed  by  the  charter  of  said  city  in  the 
case  of  ordinary  city  assessments.  The  property  shall  be  sold  sub- 
ject to  all  subsequent  payments  chargeable  thereto  under  the 
same  assessment  and  subject  to  any  other  city  assessment  the^' 
a  lien  thereon. 

18 


274  Laws  Relating  to  the 

Board  of  Finance  to  execute  and  sell  improvement  bonds.— Eate 
of  interest  and  when  payable.— Interest  and  principal,  how 
paid. 
§  4.  It  shall  be  the  duty  of  the  board  of  finance  of  the  city  ol: 
Albany,  upon  the  confirmation  of  any  assessment  mentiouod  ia 
section  three  of  this  act,  to  cause  to  be  prepared  and  executed, 
in  the  usual  form,  bonds  of  said  city,  to  be  known  as  Broad\Aay 
improvement  bonds,   equal  in  the   aggregate   to  the  amount  of 
said  assessment,  and  to  sell  the  same  at  public  auction  at  not 
less  than  par,  after  notice  of  such  intended  sale  shall  have  been 
published  for  ten  days,  Sundays  and  legal  holidays  excepted,  in 
the  three  city  newspapers  appointed  and  authorized  to  publish 
city  notices  in  the  city  of  Albany.    Such  bonds  shall  bear  inter- 
est at  not  exceeding  three  and  one-half  per  centum  per  annum, 
and  shall  be  so  respectively  made  payable  that  of  the  principal 
sum  thereby  secured  there  shall  fall  due  on  each  first  day  of 
September  after  their  issue  bonds  representing  such  sum  as  shall, 
under  the  provisions  of  this  act,  be  payable  upon  the  assessment 
to  represent  which  said  bonds  shall  be  issued.    The  interest  upon 
such  bonds  shall  be  raised  in  the  annual  tax  budget  of  said  city, 
and   the   principal    thereof   shall   be   paid   by    the   city,    as   they 
respectively  mature,  out  of  the  amount  collected  from  the  assess- 
ment to  pay  the  amount  of  which  the  bonds  were  issued.    Should 
there  not  be  suflicient  money  in  the  Chamberlain's  hands  col- 
lected from  such  assessments  to  pay  the  bonds,  or  any  of  them, 
when  they  mature,  then  such  bonds  shall  be  paid  out  of  the  gen- 
eral debt  sinking  fund  of  the  city,  and  any  money  thereafter  col- 
lected from  the  assessment  shall  be  paid  into  such  sinking  fund.  • 

Proviso  as  to  drains,  gas  and  water-pipes. 

§  5.  All  drains  or  culverts  hereafter  to  be  constructed,  and  all 
gas,  water  or  other  pipes  hereafter  to  be  laid,  relaid  or  placed  in 
said  street  between  the  points  above  designated,  shall  be  con- 
structed and  laid  under  the  sidewalkss  and  not  under  the  carriage- 
way thereof. 

Board   of   Finance   may  issue   improvement   bonds. — How   exe- 
cuted and  sold. — Rate  of  interest,  and  when  payable.— Pro- 
ceeds from  bonds,  how  applied. — Proviso. 
§  6.  The  board  of  finance  of  the  city  of  Albany  are  hereby 

authorized  to  issue  bonds  of  the  city  of  Albany  to  an  amount 


City  of  Albany.  275 

such,  that  the  proceeds  thereof  shall  amount  to  the  sum  of  one 
hundred  and  seventy  thousand  dollars,  to  be  known  as  Broadway 
improvement  bonds.  Said  bonds  shall  be  signed  by  the  Mayor 
and  Chamberlain  of  the  city.  Said  bonds  shall  be  executed,  issued 
and  sold  in  the  manner  provided  in  section  four  of  this  act;  they 
shall  bear  interest  at  the  rate  of  not  more  than  three  and  one- 
half  per  centum  per  annum,  and  the  principal  thereof  shall  be 
payable  in  five  equal  annual  installments,  commencing  September 
first,  eighteen  hundred  and  eighty-nine.  The  interest  and  princi- 
pal of  said  bonds  shall  be  raised  and  paid  in  the  manner  provided 
in  section  four  of  this  act.  The  proceeds  of  the  bonds  hereby 
authorized  to  be  issued  shall  be  used  to  pay  for  the  work 
described  and  sot  forth  in  sections  one,  two  and  three  of  this  act, 
that  is  already  completed  and  accepted  by  the  Street  Commis- 
sioner of  the  city  of  Albany,  and  the  Chamberlain  shall  pay  the 
same  to  the  persons  and  in  the  amounts  directed  by  the  Board 
of  Contract  and  Apportionment  of  the  city  of  Albany.  "When, 
under  the  provisions  of  section  four  of  this  act,  the  board  of 
finance  of  the  city  of  Albany  issue  bonds  as  therein  provided, 
they  shall  deduct  from  the  amount  to  be  issued  by  them  the 
amount  of  the  bonds  issued  under  the  provisions  of  this  section. 


CHAPTER  305  OF  THE  LAWS  OF  1887. 

An  Act  to  provide  for  the  opening,  grading  and  construction  of  a 
boulevard,  from  a  point  on  Livingston  avenue,  opposite  Thornton, 
street,  northerly  to  Van  Kensselaer  boulevard  in  the  city  of 
Albany. 

Passed     May    11,     18S7;      three-fifths    being    present;      without     the 
approval  of  the  Governor. 

The  People  of  the  State  of  New    Turk,   represented    in    Senate    and 
Assembly,  do  enact  asfoUoirs: 

Opening  of  Northern  Boulevard. — Assessment  of  work  of  bridg- 
ing.— Specifications. 
Section  1.  The  city  of  Albany  is  authorized  and  empowered  to 
take  proceedings  for  the  opening  and  construction  of  a  boulevard 
to  be  known  as  the  Northern  boulevard,  from  a  point  on  Living- 
ston avenue  where  the  same  is  now  intersected  by  Knox  street 
in  a  northerly  direction  to  and  across  Tivoli  creek  or  Patroon's 
creek,  in  such  direction  as  may  be  designated,  and  with  such 


27G  Laws  Relating  to  the 

,  grades  as  may  be  approved  by  tlie  Board  of  Contract  and  Appor- 
tionment to  such  point  in  the  road  or  avenue  linown  as  Van 
Rensselaer  boulevard  as  may  be  designated  by  said  board.  The 
work  of  bridging  over  any  land  shall  be  assessed  upon  the  land 
abutting  upon  the  line  of  the  boulevard  formed  by  such  bridge. 
The  specifications  for  such  work  shall  include  and  cover  the  cost 
of  construction  of  the  same  in  such  wise  as  to  include  all  exca- 
vating, filling,  forming,  grading,  bridging  and  other  construc- 
tion necessary  to  establish  a  boulevard  of  such  width,  grade  and 
surface  as  may  be  prescribed  and  fixed  by  said  board. 
(As  amended  by  chapter  391,  Laws  of  1892.) 

Land-owners  may  perform  gi-ading,  etc.,  in  front  of  their  lands. 
§  2.  The  owner  or  owners  of  any  laud  abutting  upon  said  boule- 
vard shall  be  at  liberty,  under  such  rules  and  regulations,  and 
after  such  reasouable  notice  and  within  such  reasonable  time, 
not  less  than  three  nor  more  than  twelve  months,  as  the  Board 
of  Ck)ntract  and  Apportionment  may  prescribe,  to  pay  the  expenses 
of,  and  cause  to  be  done  the  work  of  opening,  grading,  filling  and 
forming  the  said  boulevard  in  front  of  the  land  owned  by  such 
owner  or  owners,  and  any  owner  or  owners  so  paying  the  expense 
of  and  doing  the  Avork  in  that  portion  of  the  boulevard,  in  front 
of  his  or  their  land,  shall  not,  nor  shall  his  or  their  land  be  liable, 
or  be  assessed  for  any  of  the  expense  of  the  work  done  under  this 
act. 

lExpenditure  for  work,    etc.,    how   paid. — Amount,   how   raised 
and  assessed. — Limitation  of  outlay. 

§  3.  Such  expenditure  as  shall  be  necessary  to  excavate,  fill 
and  form  such  boulevard,  and  to  culvert  so  much  of  Patroon's 
creek  as  runs  thereunder,  from  a  point  about  two  hundred  feet 
south  of  Patroon's  creek,  and  marked  "  division  line,"  on  a  map 
heretofore  made  by  R.  H.  Bingham,  dated  March  five,  eighteen 
hundred  and  eighty-seven,  and  signed  by  the  City  Engineer  and 
Surveyor  of  the  city  of  Albany  and  filed  in  his  office,  to  a  line 
fence  passing  near  to  a  large  pine  tree,  which  pine  tree  is  shown 
on  said  map  as  in  the  center  line  of  said  proposed  boulevard, 
being  about  seven  hundred  feet  easterly  from  the  said  point 
marked  "  division  line,"  shall  be  paid  by  the  Chamberlain  of  the 
city  of  Albany  out  of  any  unappropriated  moneys  in  his  hands, 
and  the  amount  thus  paid  shall  be  included  and   raised,   five- 


City  of  Albany.  217 

sixths  parts  thoroof  in  the  next  city  lax  budget,  and  one-sixth 
part  thereof  shall  be  by  the  Board  of  Supervisors  of  Albany 
county  assessed  upon  the  taxable  property  of  the  town  of  Water- 
vliet,  in  said  county,  in  the  next  tax  levy  made  after  such  amount 
shall  be  certified  by  the  Chamberlain  of  the  city  of  Albany  to 
said  board,  and  shall  be  raised  by  tax  and  paid  over  to  said 
Chamberlain  and  be  by  him  repaid  to  the  fund  from  which  it 
was  taken;  provided,  however,  that  the  amount  to  be  expended 
for  so  excavating,  filling  and  foraiing  such  boulevard  between 
said  "  division  line  "  and  said  "  line  fence  "  near  said  "  pine  tree," 
and  for  culvertiug  so  much  of  Patroon's  creek  as  i-uns  thereunder, 
shall  not  exceed  thirty-five  thousand  dollars,  and  in  case  such 
work  cannot  be  done  for  the  sum  of  thirty-five  thousand  dollars 
this  act  shall  not  take  effect. 

(As  amended  by  cliapter  391,  Laws  of  1S92.) 

Assessment    upon    owners    of    adjoining    land. — ^To    be    a    lien 
thereon. 
§  4.  All  the  rest  of  the  expense  of  the  work  hereby  authorized 
'shall  be  assessed  against  the  owner  or  owners  of  the  several 
pieces  of  land  lying  and  being  respectively  opposite  to  the  respect- 
ive places  at  which  the  work  shall  be  done  or  the  expense  shall 
be  incurred,  in  such  wise,  that  each  such  owner  or  owners  shall 
pay  the  expense  of  the  work  done  in  front  of,  or  opposite  to  his 
or  their  own  land,  except  as  other  wise  provided  for  in  section 
three  herein;  and  such  assessment  shall  be  and  constitute  a  lien 
upon  the  respective  pieces  of  land  to  a  point  such  distance  back 
from  the  line  of  said  boulevard  as  the  Board  of  Contract  and 
Apportionment   shall   determine   that   the   benefit  of   such    work 
extends. 

Proceedings  for  acquiring  title  to  lands. — Assessment  of 
expense. 
§  5.  The  city  of  Albany  is  hereby  authorized  to  take  proceed- 
ings in  accordance  with  the  provisions  of  the  city  charter  for  the 
purpose  of  acquiring  the  title  to  any  land,  or  any  easement  or 
right  therein  which  shall  be  necessary  or  proper  for  the  purpose 
of  cariying  into  effect  this  act  and  the  expense  of  acquiring  and 
paying  for  the  land,  easement  or  right  so  acquired,  shall  be  appor- 
tioned and  assessed  upon  the  property  benefited  by  said  work  and 
collected  therefrom  and  from  the  owners  thereof  in  the  manner 


278  Laws  Relaiing  to  tub 

in  which  assessments  for  such  purpose  are  now  by  the  general 
provisions  of  said  charter  of  the  city  of  Albany  provided  to  be 
enforced. 

(As  amended  by  chapter  391,  Laws  of  1892.) 

Gas  and  water  pipes,  etc.,  how  laid.— Extension  of  water  mains. 
§  6.  No  drains  or  culverts  hereafter  to  be  constructed,  and  no 
gas,  water  or  other  pipes  hereafter  to  be  laid  or  placed  in  said 
boulevard,  excepting  such  as  shall  be  laid  in  streets  intersecting 
or  crossing  the  same,  shall  be  constructed  and  laid  within  twenty- 
five  feet  of  the  center  line .  thereof,  but  shall  be  laid  or  placed 
within  the  limits  of  that  portion  of  said  boulevard  to  be  set  apart 
for  sidewalks,  and  the  Water  Commissionei-s  of  said  city  are 
hereby  authorized  and  directed,  within  one  year  after  said  boule- 
vard has  been  completed,  and  the  work  thereof  accepted  by  the 
Board  of  Contract  and  Apportionment,  to  lay  water  pipes  or  mains 
on  each  side  of  said  boulevard  between  Livingston  avenue  and 
a  point  eighteen  hundred  fee*  north  of  the  same,  in  accordance 
with  the  provisions  of  this  section. 
§  7.  This  act  shall  take  effect  immediately. 


CHAPTER  352  OF  THE  LAWS  OF  1887. 

An  Act  to  enable  tlie  city  of  Albany  to  repair,  extend,  complete 

and  preserve  the  Beaver  creek  sower  in  the  city  of  Albany. 

Passed    May    17,     1887;      three-fifths    being    present;      without     the 
approval  of  the  Governor. 

The  People  of  the  State  of   Neto    York,    represented  in   Senate  and 
Assembly,  do  enact  as  follows: 

Beaver  creek  sewer,  contract  for  improvement  of. — ^Laws 
applicable. 
Section  1.  The  Board  of  Contract  and  Apportionment  of  the  city 
of  Albany  is  hereby  authorized  and  empowered  to  enter  into  a 
contract  or  contracts  for  repairing,  extending  and  completing  the 
Beaver  creek  sewer,  arch  or  culvert  from  the  end  of  the  present 
sewer  at  or  near  the  intersection  of  Myrtle  avenue  and  Lark 
street  to  such  point  east  thereof,  not  further  than  the  west  line 
of  Grand  street,  as  may  be  necessary  to  complete  said  arch  or 
sewer,  and  put  the  part  heretofore  constructed  in  good  condition 
and  to  build  man-holes,  receiving  basins  and  connecting  drains 
to  said  sewer,  and  to  cause  the  surrounding  low  grounds  to  be 


City  of  Albany.  279 

filled  to  such  depth  as  to  •c-auso  the  surface  drainage  to  flow  to 
and  into  the  main  sewer.  Said  main  sewer  to  be  covered  with 
not  less  than  four  feet  of  earth  for  its  entire  length.  Such  con- 
tract or  contracts  shall  be  let  and  said  work  done  pursuant  to 
and  subject  to  all  the  laws  and  ordinances  governing  and  relating 
to  the  construction  of  sewei-s  and  the  making  of  local  public 
improvements  in  the  city  of  Albany. 

City  bonds  to  issue  for  one-half  cost  of  work. — Remaining  one- 
half  of  cost,  how  assessed  for  benefits. — Assessments,  how 
made. — ^To  be  a  lien  upon  lands. — Sale  thereof  for  non- 
pajrment. 
§  2.  When  the  work  shall  have  been  completed  and  accepted  by 
the  proper  authorities,  the  board  of  finance  of  the  city  of  Albany 
shall  issue  bonds  of  the  city  of  Albany,  signed  by  the  Mayor  and 
Chamberlain,  for  the  entire  expense  of  extending  the  sewer,  men- 
tioned in  tlie  first  section  of  this  act,  from  the  wc>«t  line  of  Grand 
street  to  a  point  about  forty  feet  to  the  east  hereof  and  also  for 
fifty  per  centum  of  the  expense  of  the  balance  of  the  work  herein 
provided  to  be  done,  «uch  bonds  shall  bear  interest  at  the  rate 
of  not  more  than  three  and  one-half  per  centum  per  annum,  and 
shall  be  made  payable  in  equal  annual  payments,  commencing 
two  years  from  the  date  of  their  issue,  and  the  whole  amount  to 
be  paid  in  twenty  years  fi'oni  the  date  of  their  issue;  the  amount 
necessary  to  make  such  annual  payments,  together  with  the  inter- 
est on  such  bond.s,  sliall  be  placed  in  the  annual  tax  budget  and 
paid.  The  Board  of  Contract  and  Apportionment  shall  proceed  to 
apportion  and  assess  the  remaining  fifty  per  centum  of  the 
expense  of  the  work  hei-ein  provided  for,  upon  the  real  estate, 
franchises,  houses  and  lots  and  vacant  lots  that  they  shall  adjudge 
to  be  benefited  by  such  work  in  proportion  as  they  shall  adjudge 
each  piece  of  property  so  assessed  to  have  been  benefited  by  such 
work.  Such  assessment  and  apportionment  shall  be  made  in  like 
manner  and  form  as  other  assessments  for  work  done  in  the  city 
of  Albany  are  made  and  imposed;  and  the  same  shall  be  a  lien 
upon  the  houses  and  lots  and  vacant  lots  adjudged  to  be  bene- 
fited thereby,  and  the  same  shall  be  sold  for  non-payment  thereof 
in  the  same  manner  as  is  provided  for  the  sale  of  property  for 
the  non-payment  of  assessments  in  and  by  the  charter  of  the 
city  of  Albany. 
§  3.  This  act  shall  take  effect  immediately. 
(As  amended  by  chapter  262,  Laws  of  1888.) 


280  Laws  Relating  to  the 

CHAPTER  362  OF  THE  LAWS  OF  1890. 

An  Act  to  enable  the  city  of  Albany  to  extend  and  complete  the 
Beavei-  creek  sewer  in  the  city  of  Albany,  and  to  provide  for 
the  expense  thereof. 

Approved  by  the  Governor  May  19,  1890.  Passed,  three-fifths  being 
present. 

The  People  of  the  State  of  New  York,  represented  in  Senate  and 
Assembly,  do  enact  asfoUoics : 

Section  1.  Whenever  the  city  of  Albany  shall  have,  pursuant 
to  the  Laws  of  the  State  of  New  York  and  the  ordinances  of  said 
city  having  reference  tliereto,  provided  for  extending  and  com- 
pleting the  Beaver  creek  sewer,  arch  or  culvert  from  the  westerly 
termination  of  the  present  sewer  in  Myrtle  avenue,  about  thirty 
feet  east  of  the  easterly  line  of  Lexington  avenue,  to  a  point 
westerly  therefrom  to  be  determined  by  the  Common  Council,  not 
farther  than  the  easterly  tei-mination  of  the  sewer  in  Park  avenue, 
about  fifteen  feet  east  of  the  easterly  line  of  Allen  street,  and  for 
building  man-holes,  receiving  basins  and  connecting  drains  to  said 
sewer,  and  for  covering  said  main  sewer  with  not  less  than  four 
feet  of  earth  for  its  entire  length,  and  such  work  shall  have  been 
completed  and  accepted  by  the  proper  authorities,  the  expense 
thereof  shall  be  raised  as  provided  in  the  second  section  of  this 
act.  The  contract  or  contracts  for  such  work  shall  be  let  and 
said  work  done  pursuant  and  subject  to  all  the  laws  and  ordi- 
nances governing  and  relating  to  tlie  construction  of  sewers  and 
tlie  making  of  local  improvements  in  the  city  of  Albany. 

§  2.  When  said  work  shall  have  been  completed  and  accepted 
by  the  proper  authorities,  as  aforesaid,  the  board  of  finance  of 
the  city  of  Albany  shall  issue  the  bonds  of  the  city  of  Albany, 
signed  by  the  Mayor  and  Chamberlain,  for  fifty  per  centum  of 
the  expense  of  the  work  herein  provided  to  be  done.  Such  bonds 
shall  bear  interest  at  the  rate  of  not  more  than  three  and  one- 
half  per  centum  per  annum,  and  shall  be  made  payable  in  equal 
annual  payments,  commencing  two  yeans  from  the  date  of  their 
issue,  and  the  whole  amount  to  be  paid  in  twenty  years  from  the 
date  of  their  issue.  The  amount  necessary  to  make  such  annual 
payments,  together  with  the  interest  on  such  bonds,  shall  be 
placed  in  the  annual  tax  budget  and  paid.  The  Board  of  Contract 
and  Apportionment  shall  proceed  to  apportion  and  assess  the 
remaining  fifty  per  centum  of  the  expense  of  the  work  herein  pro- 


City  of  Alb  ant.  281 

vided  for,  upon  the  real  estate,  franchises,  houses  and  lots  and 
vacant  lots  that  they  shall  have  adjudged  to  be  benefited  by 
such  work  in  proportion  as  they  shall  adjudge  each  piece  of  prop- 
erty so  assessed  to  have  been  benefited  by  such  work.  Such 
assessment  and  apportionment  shall  be  made  in  like  manner  and 
form  as  other  assessments  for  work  done  in  the  city  of  Albany 
are  made  and  imposed ;  and  the  same  shall  be  a  lien  upon  the  real 
estate,  franchises,  houses  and  lots  and  vacant  lots  adjudged  to 
be  benefited  thereby,  and  the  same  may  be  sold  for  non-payment 
thereof  in  the  same  manner  as  is  provided  for  the  sale  of  property 
for  tlie  non-payment  of  assessments  in  and  by  the  charter  of  the 
city  of  Albany. 
§  3.  This  act  shall  take  effect  immediately. 


CHAPTER  231  OF  THE  LAWS  OF  1888. 

An  Act  to  provide  for  the  improvement  of  a  portion  of  Central 
avenue  and  Watervliet  avenue  in  the  city  of  Albany,  and  the 
constructiou  of  a  sewer  in  a  portion  of  Central  avenue  in  said 
city,  and  for  the  payment  of  the  expenses  thereof. 

Became  a  law  without  the  approval  of  the  Governor,  in  accordance 
with  the  provisions  of  article  four,  section  nine  of  the  Constitution, 
May  8,  1888.    Passed,  three-flfths  being  present. 

The  People  of  the  State  of  New  York,  represented  in  Senate  and 
Assembly,  do  enact  asfolloics  : 

Section  1.  Whene%-er  a  petition  is  made  to  the  Common  Council 
of  the  city  of  Albany  in  the  form  and  manner  authorized  and 
duly  certified  by  the  City  Engineer  and  Surveyor  as  required  by 
the  charter  of  the  city  of  Albany  for  the  grading,  filling,  forming, 
curbing  and  paving  the  carriage-way  with  oblong  dimension  gran- 
ite blocks  of  the  best  quality,  of  that  portion  of  Central  avenue 
between  the  east  line  of  Main  avenue  and  the  west  line  of 
"Watervliet  avenue;  and  of  that  portion  of  Watervliet  avenue 
between  Central  avenue  and  the  New  York  Central  i-ailroad 
bridge;  and  the  construction  of  sewers  in  Central  avenue  from 
Ontario  street  to  Watervliet  avenue  in  said  city,  said  Common 
Council  is  authorized  to  establish  a  grade  for  such  streets;  and 
also  to  provide  for  the  general  manner  of  execution  of  such  work, 
and  to  take  such  action  as  under  the  charter  of  said  city  and  the 
laws  relating  to  the  same  shall  be  proper  in  the  premises,  and 
to  direct  such  work  to  be  done:  and  it  shall  be  the  duty  of  the 


282  Laws  Relating  to  tue 

Board  of  Contract  and  Apportionment,  and  the  other  boards, 
authorities  and  officers  of  said  city  to  carry  the  same  into  exe- 
cution and  effect. 

§  2.  Such  work,  in  the  foregoing  section  provided  for,  if  author- 
ized by  the  Common  Council,  shall  be  done  in  all  respects  in 
accordance  with  tlie  laws  of  tlie  State  of  New  York  and  the  laws, 
ordinances  and  resolutions  of  the  Common  Council  of  the  city 
of  Albany.  Whenever  such  Avork  shall  have  been  completed,  the 
expenses  thereof  shall  be  imposed  and  assessed  upon  the  prop- 
erty benefited  thereby  in  like  manner  and  form  as  other  assess- 
ments for  work  done  in  said  city  are  lakl  and  imi>osed,  and  such 
assessment,  Avhen  so  made,  shall  be  conclusive  evidence  of  the 
regularity  of  all  prior  proceedings  taken  and  had  under  the  pro- 
visions of  this  act,  and  shall  be  and  constitute  a  lieu  and  charge 
upon  the  several  pieces  of  land  therein  described;  and  the  gen- 
eral provisions  of  the  charter  of  the  city  of  Albany  now  existing, 
or  hereafter  to  be  enacted,  as  to  the  validity  of  any  assessment 
to  the  extent  of  any  certificates  of  indebtedness  issued  in  pay- 
ment thereof,  sliall  be  applicable  and  shall  apply  to  the  assess- 
ment in  this  act  provided  for  to  the  extent  of  any  bonds  issued 
hereunder  to  pay  for  the  same. 

§  3.  If  such  petition  shall  be  duly  presented  to  Uie  Common 
Council  and  shall  be  certified  by  the  City  Engineer  and  Surveyor, 
as  above  provided  for,  then  in  such  case  the  assessment  for  the 
expense  of  such  work  above  provided  for  shall  be  and  become 
due  and  payable  in  the  manner  and  at  the  time  and  in  the  pro- 
portions following,  and  not  otherwise,  that  is  to  say,  one-fifth 
part  of  each  such  assessment,  with  interest  on  the  whole  amount 
of  the  entire  assessment  up  to  that  time  remaining  unpaid  from 
and  after  the  date  of  the  confirmation  of  such  assessment,  at  and 
after  the  rate  of  three  and  one-half  per  centum  per  annum,  shall 
be  payable  on  the  first  day  of  September  following  the  confirma- 
tion of  such  assessment,  and  one-fifth  part  thereof,  with  like 
interest  on  the  whole  amount  of  the  entire  assessment  up  to  that 
time  remaining  unpaid  from  the  date  of  the  confirmation  of  such 
assessment,  shall  be  and  become  due  and  payable  on  each  suc- 
ceeding first  day  of  September  until  the  whole  of  such  assess- 
ment shall  be  paid.  The  owner  of  any  piece  of  property  so 
assessed  may,  at  any  time,  pay  to  the  Chamberlain  of  the  city 
of  Albany  the  assessment  upon  his  property,  with  interest  at  the 
rate  aforesaid  up  to  the  time  of  such  payment,  and  thereupon 
said  property  shall  be  discharged  from  the  lien  of  such  assess- 


City  of  Albany.  283 

ment.  In  case  any  payment  so  above  provided  for  shall  not  be 
made  when  as  above  provided  for  it  becomes  due  and  payable, 
and  then  such  amount  shall  be  collected  by  a  sale  of  the  prop- 
erty assessed,  and  by  such  other,  if  any,  proceeding  as  may  be 
provided  by  law  for  the  collection  of  ordmary  assessments  in  said 
city.  It  shall  be  the  duty  of  the  Chamberlain  of  the  city  of 
Albany  immediately  when  any  such  default  shall  take  place,  to 
proceed,  under  the  provisions  of  tlie  -charter  of  said  city,  to 
advertise  the  premises  assessed  for  such  amount  so  in  default, 
and  to  sell  the  same  for  the  amount  due  thereon,  with  interest 
on  such  amount  from  the  time  of  such  default,  at  the  rate  pre- 
scribed by  the  charter  of  said  city  in  the  case  of  ordinary  city 
assessments,  together  with  the  costs  and  charges  of  the  notice 
and  sale.  The  property  shall  be  sold  subject  to  all  subsequent 
payments  chargeable  thereto  under  the  said  assessment,  and  sub- 
ject to  any  other  city  assessment  then  a  lien  thereon,  and  the 
Chamberlain's  certificate  and  the  Chamberlain's  declaration  of 
sale  shall  each  be  conclusive  evidence  of  the  regularity  of  all  pro- 
ceedings prior  thereto,  including  the  sale. 

§  4.  It  shall  be  the  duty  of  the  board  of  finance  of  the  city  of 
Albany,  upon  the  confirmation  of  any  assessment  mentioned  in 
section  three  of  this  act,  to  cause  to  be  prepared  and  e.vecuted  in 
the  usual  form,  bonds  of  said  city  to  be  known  as  Central  avenue 
and  Watervliet  avenue  improvement  bonds,  and  to  sell  so  many 
of  the  same,  as  near  as  may  be,  as  shall  produce  an  amount 
equal  to  such  assessment,  at  public  auction  at  not  less  than  par, 
after  notice  of  such  intended  sale  shall  have  been  published  for 
ten  days,  Sundays  and  legal  holidays  excepted,  in  the  three  city 
newspai)ers  appointed  and  authorized  to  publish  city  notices  in 
the  city  of  Albany.  Such  bonds  shall  bear  interest  at  (not  exceed- 
ing) three  and  one-half  per  centum  per  annum,  and  shall  be  so 
respectively  made  payable,  that  of  the  principal  sum  thereby 
secured  to  be  paid  there  shall  fall  due  on  each  first  day  of  Novem- 
ber following  each  first  day  of  September  succeeding  the  con- 
firmation of  the  assessment  above  provided  for  bonds  represent- 
ing one-fifth  part  of  the  aforesaid  assessment,  to  represent  which 
said  bonds  shall  be  issued.  The  principal  and  interest  upon  such 
bonds  shall  be  paid  by  the  city,  as  they  respectively  mature,  out 
of  the  amount  collected  from  the  assessment  to  pay  the  amount 
of  which  the  bonds  were  issued.  Should  there  not  be  suflBcient 
money  in  the  Chamberlain's  hands,  collected  from  such  assess- 
ment, to  pay  the  bonds  or  any  of  them,  or  the  interest  thereon 


284  Laws  Relating  to  the 

when  tlioy  matui-e,  then  such  bonds  or  interest  shall  be  paid  out 
of  the  general  debt  sinking  fund  of  the  city,  and  in  such  case  any 
money  thereafter  collected  from  the  assessment  shall  be  paid  into 
such  sinking  fund.  The  proceeds  of  such  bonds  shall  be  applied 
to  the  payment  of  the  amount  due  to  the  contractor  and  any 
other  expenses  represented  in  and  covered  by  such  assessment. 
The  provisions  of  sections  three  and  four  of  this  act  shall  not  be 
applicable  to  any  work  done  hereunder,  and  any  assessment  for 
such  work  shall  be  collected  and  paid  in  all  respects  as  other 
assessments  are  now  collected  and  paid  in,  under  tlie  provi.sions 
of  the  charter  of  said  city,  unless  the  Common  Council  shall  in 
the  law  and  ordinance  providing  for  the  doing  of  such  work 
direct  tliat  the  provisions  of  this  act  as  to  tlie  loaning  of  the 
credit  of  the  city  therefor,  shall  be  applicable  thereto,  which  pro- 
vision in  the  law  or  ordinance  for  such  work,  the  owners  signing 
a  petition  for  the  doing  of  said  work  are  authorized  to  make  a 
condition  of  said  petitions  taking  effect. 

§  5.  All  drains  or  culverts  hereafter  to  be  constructed,  and  all 
gas,  water  or  other  pipes  hereafter  to  be  laid,  relaid  or  placed  in 
said  streets  between  the  points  above  designated,  shall  be  con- 
structed and  laid  under  the  sidewalks  and  not  under  the  carriage- 
way thereof. 

§  G.  This  act  shall  take  effect  immediately. 


CHAPTER  389  OF  THE  LAWS  OF  1892. 

An  Act  to  provide  for  the  improvement  of  a  portion  of  Central 
avenue  in  the  city  of  Albany,  and  streets  intersecting  the  same 
and  for  the  payment  of  the  expenses  thereof. 

Approved  by  the  Governor  April  30,  1892.     Passed,  three-fifths  being 
present. 

The   People  of  the   State  of  Ncio    York,   represented  in  Senate    and 
Assembly,  do  enact  asjollows: 

Central  avenue,  proceedings  for  improvement  of  portion  of.— 
Proviso  as  to  letting  of  contracts. 
Section  1.  Whenever  a  petition  is  made  to  the  Common  Council 
of  the  city  of  Albany,  which  petition  shall  be  in  the  manner  and 
form  authorized  and  required  by  the  charter  of  the  city  of  Albany, 
and  duly  certified  by  the  City  Engineer  as  required  by  the  charter 
of  the  city  of  Albany,  for  the  grading,  filling,  forming,  curbing, 
paving  and  repaving  the  carriage-way  and  sidewalk  with  such 


CiTV  OF  Albany.  285 

liiud  of  pavemeut,  excepting  and  excluding  cobble-stones,  as  shall 
be  set  forth  in  said  petition  of  that  portion  of  Central  avenne 
between  the  west  line  of  Knox  street  and  the  east  line  of  Main 
avenue,  in  the  city  of  Albany,  or  between  the  west  line  of  Knox 
street  and  any  point  west  of  the  west  line  of  Knox  street  as 
designated  in  said  petition,  provided  that  portion  of  said  street 
or  avenue  so  intended  to  be  improved  as  aforesaid  shall  be  not 
less    than   two    tliousaud   lineal   feet   in   extent.      Said    Common 
Council  is  authorized  to  establish  a  grade  for  said  street  and  the 
streets  intersecting  the  same,  and  provide  for  the  general  man- 
ner of  execution  of  such  work,  and  to  take  such  action  as  under 
the  charter  of  said  city  and  the  laws  relating  to  the  same  as  shall 
be  proper  in  the  premises,  and  to  direct  such  work  to  be  done; 
and  it  shall  be  the  duty  of  the  Board  of  Contract  and  Apportion- 
ment and  the  other  appropriate  boards  and  authorities  and  officers 
in  said  city  to  carry  the  same  into  execution  and  effect,   after^ 
said  Common  Council  shall  have  authorized  the  performance  of 
the  work.    But  no  proceedings  shall  be  taken  by  said  Board  of 
Contract  and  Apportionment  towards  the  letting  of  the  contract 
for  the  performance  of  any  portion  of  the  work  and  improvement 
hereinbefore  described   until   after  such  time  when   the  amount 
of  all  bonds  issued  by  the  said  city  of  Albany  for  street  improve- 
ments  then   outstanding,    together   with    those   proposed    to   be 
issued  under  and  by  virtue  of  this  chapter,   shall  be  less  than 
seven  hundred  and  fifty  thousand  dollars. 

Work,  how  to  be  done.— Assessment  of  expense.— Provisions  of 
charter,  applicable. 

§  2.  Such  work,  in  the  foregoing  section  provided  for,  if  author- 
ized by  the  Common  Council,  shall  be  done  in  all  respects  in 
accordance  Avith  the  laws  of  the  State  of  New  York  and  the  laws, 
ordinances  and  resolutions  of  the  Common  Council  of  the  city  of 
Albany.  Whenever  such  work  shall  have  been  completed,  the 
expenses  thereof  shall  be  imposed  and  assessed  upon  the  prop- 
erty benefited  thereby  in  like  manner  and  form  as  other  assess- 
ments for  -work  done  in  said  city  are  levied  and  imi)osed,  and 
such  assessment,  when  so  made,  shall  be  conclusive  evidence  of 
the  regularity  of  all  prior  proceedings  taken  and  had  under  the 
provisions  of  this  act,  and  shall  be  and  constitute  a  lien  and  charge 
upon  the  several  pieces  of  land  therein  described;  and  the  gen- 
eral provisions  of  the  charter  of  the  city  of  Albany  now  existing, 
or  hereafter  to  be  enacted  as  to  the  validity  of  any  assessment 


286  Laws  Relating  to  the 

to  the  extent  of  any  certificate  of  indebtedness  issued  in  payment 
thereof,  shall  be  applicable  and  shall  apply  to  the  assessment  in 
this  act  provided  for  to  the  extent  of  any  bonds  issued  hereunder 
to  pay  for  the  same. 

Assessments,   when   due  and  payable. — Discharge  of  liens  of 
assessments. — Sale  of  property  for  unpaid  assessments. 

§  3.  If  such  petition  shall  be  duly  presented  to  the  Common 
Council  and  shall  be  certified  by  the  City  Engineer  as  above  pro- 
vided for,  then  in  such  case  the  assessment  for  the  expense  of 
such  work  above  provided  for  shall  be  and  become  due  and  pay- 
able in  the  manner  and  at  the  time  and  in  the  proportions  fol- 
lowing, and  not  otherwise,  that  is  to  say,  one-tenth  part  of  each 
such  as>sessment,  with  interest  on  the  whole  amount  of  the  entire 
assessment  up  to  that  time  remaining  unpaid  from  and  after  the 
date  of  the  confirmation  of  such  assessment,  at  and  after  a  rate 
to  be  fixed  as  hereinafter  stated  not  exceeding,  however,  five  per 
centum  per  annum,  shall  be  payable  on  the  first  day  of  Septem- 
ber following  the  confirmation  of  such  assessment,  and  one-tenth 
part  thereof,  with  like  interest  on  the  whole  amount  of  the  entire 
assessment  up  to  that  time  remaining  unpaid  from  the  date  at 
which  the  last  previous  pajnnent  of  interest  is  provided  to  be 
paid,  shall  be  and  become  due  and  payable  on  each  succeeding 
first  day  of  September  until  the  whole  of  such  assessment  shall 
be  paid.  The  owner  of  any  piece  of  property  so  assessed  may,  at 
any  time,  pay  to  the  Chamberlain  of  the  city  of  Albany,  the 
assessment  upon  his  property,  with  interest  at  the  rate  so  fixed 
as  aforesaid  up  to  the  time  of  such  payment,  and  thereupon  said 
property  shall  be  discharged  from  the  lien  of  such  assessment. 
In  case  any  payment  so  above  provided  for  shall  not  be  made 
when  as  above  provided  for  it  beaomes  due  and  payable,  then 
such  amount  shall  be  collected  by  a  sale  of  the  property  assessed, 
and  by  such  other,  if  any.  proceeding  as  may  be  provided  for  by 
law  for  the  collection  of  ordinary  assessments  in  said  city.  It 
gliall  be  the  duty  of  the  Chamberlain  of  the  city  of  Albany  imme- 
diately when  any  such  default  shall  take  place,  to  pi'oceed,  under 
the  provisions  of  the  charter  of  said  city,  to  advertise  the  prem- 
ises assessed  for  such  amount  so  in  default,  and  to  sell  the  same 
for  the  amount  due  thereon,  with  interest  on  such  amount  from 
the  time  of  such  default,  at  the  rate  prescribed  by  the  charter  of 
said  city  in  the  case  of  ordinary  city  assessments,  together  with 
the  costs  and  charges  of  the  notice  and  sale.     The  property  shall 


Cttt  of  Albaixy.  287 

be  sold  subject  to  all  subsequent  payments  chargeable  tliereto 
under  the  said  assessment,  and  subject  to  any  other  city  assess- 
ments then  a  lien  thereon,  and  the  Chamberlain's  certificate  and 
the  Chamberlain's  declaration  of  sale  shall  each  be  •conclusive 
evidence  of  the  regularity  of  all  proceedings  prior  thereto,  includ- 
ing the  sale. 

Improvement  bonds  to  issue. — Sale  thereof. — Interest  and  when 
payable. — Payment  of  principal  and  interest. — Payment  to 
contractors. — Provisions  of  act,  when  to  apply. 

§  4.  It  shall  be  the  duty  of  the  board  of  finance  of  the  city  of 
Albany,  upon  the  confirmation  of  any  assessment  mentioned  in 
section  three  of  this  act,  to  cause  to  be  prepared  and  executed  in 
the  usual  form,  bonds  of  said  city  to  be  known  as  Central  avenue 
improvement  bonds,  and  to  sell  so  many  of  the  same  as  near  as 
may  be,  as  shall  produce  an  amount  equal  to  such  assessment, 
at  public  auction,  at  not  less  than  par,  after  notice  of  such 
intended  sale  shall  have  been  published  for  ten  days,  Sundays 
and  legal  holidays  excepted,  in  the  three  city  newspapers  appointed 
and  authorized  to  publish  city  notices  in  the  city  of  Albany. 
Such  bonds  shall  bear  interest  at  a  rate  to  be  fixed  by  the  board 
of  finance,  not  exceeding  five  per  centum  per  annum,  and  shall 
be  so  respectively  made  payable,  that  of  the  principal  sum  thereby 
secured  to  be  paid,  there  shall  fall  due  on  each  first  day  of 
November  following  each  first  day  of  September  succeeding  the 
confirmation  of  the  assessment  above  provided  for,  bonds  repre- 
senting one-tenth  part  of  the  aforesaid  assessment  to  represent 
which  said  bonds  shall  be  issued.  The  principal  and  Interest 
upon  such  bonds  shall  be  paid  by  the  city  as  they  respectively 
mature,  out  of  the  amount  collected  from  the  assessment  to  pay 
the  amount  for  Avhich  the  bonds  were  issued.  Should  there  not 
be  sufficient  money  in  the  Chamberlain's  hands,  collected  from 
such  assessment,  to  pay  the  bonds  or  any  of  them  or  the  interest 
thereon  when  they  mature,  then  such  bonds  or  interest  shall  be 
paid  out  of  the  general  debt  sinking  fund  of  the  city,  and  in  such 
case  any  money  thereafter  collected  from  the  assessment  shall  be 
paid  into  such  sinking  fund.  The  proceeds  of  such  bonds  shall 
be  applied  to  the  payment  of  the  amount  due  the  contractor  and 
any  other  expense  represented  in  and  covered  by  such  assessment. 
The  provisions  of  sections  three  and  four  of  this  act  shall  not  be 
applicable  to  any  work  done  hereunder,  and  any  assessment  for 
such  work  shall  be  collected  and  paid  in  all  respects  as  other 


288  Laws  Relating  to  the 

assGiSiSments  are  now  provided  to  be  collected  and  paid  in,  under 
the  provisions  of  the  charter  of  the  said  city,  unless  the  Common 
Council  shall  in  the  law  or  ordinance  providing  for  the  doing  of 
snch  work  direct  that  the  provisions  of  this  act  as  to  the  loaning 
of  the  credit  of  the  city  therefor  shall  be  applicable  thereto,  which 
provision  in  the  law  or  ordinance  for  such  work,  the  owners 
signing  a  petition  for  the  doing  of  said  work  are  authorized  to 
make  a  condition  of  said  petition  taking  effect. 
§  5.  This  act  shall  take  effect  immediately. 


CHAPTER  397  OF  THE  LAWS  OF  1888. 
An  Act  to  provide  for  the   improvement  of  a  portion   of   Lake 

avenue,  in  the  city  of  Albany,  and  the  streets  intersecting  the 

same,  and  for  the  payment  of  the  expense  thereof. 

Approved  by  the  Governor  May  26,  1888.  Passed,  three-fifths  being 
present. 

IVte  People  of  the  State  of  New  York,  represented  in  Senate  and  Assem- 
bly, do  enact  asfolloics: 

Section  1.  Whenever  a  petition  is  made  to  the  Common  Council 
of  the  city  of  Albany,  which  petition  shall  be  in  the  manner  and 
form  authorized  and  required  by  the  charter  of  the  city  of 
Albany,  and  duly  certified  by  the  City  Engineer  and  Surveyor  as 
required  by  the  charter  of  the  city  of  Albany,  for  the  grading, 
filling,  forming,  curbing  and  paving  and  repaving  the  carriage- 
way and  sidewalk  with  such  kind  of  pavement  as  shall  be  set 
forth  in  said  petition.  Lake  avenue  in  the  city  of  Albany  from 
the  south  side  of  Madison  avenue  to  the  New  Scotland  plank- 
road;  said  Common  Council  is  authorized  to  establish  a  grade  for 
such  street;  and  also  to  provide  for  the  general  manner  of  execu- 
tion of  such  work,  and  to  take  such  action  as  under  the  charter 
of  said  city  and  the  laws  relating  to  the  same  shall  be  proper  in 
the  premises,  and  to  direct  such  work  to  be  done;  and  it  shall 
be  the  duty  of  -the  Board  of  Contract  and  Apportionment,  and  the 
other  boards,  authorities  and  officers  of  said  city  to  carry  the 
same  into  execution  and  effect. 

§  2.  Such  work,  in  the  foregoing  section  provided  for,  if  author- 
ized by  the  Common  Council,  shall  be  done  in  all  respects  in 
accordance  with  the  laws  of  the  State  of  New  York  and  the  laws, 
ordinances  and  resolutions  of  the  Common  Council  of  the  city  of 
Albany.  Whenever  such  work  shall  have  been  completed,  the 
expenses  thereof  shall  be  imposed  and  assessed  upon  the  property 


City  of  Albany.  289 

benefited  thereby  in  like  manner  and  foim  as  other  assess- 
ments for  work  done  in  said  city  are  laid  and  imposed,  auu 
such  assessment,  when  so  made,  shall  be  conclusive  evidence  of 
the  regularity  of  all  prior  proceedings  taken  and  had  under  the 
provisions  of  this  act,  and  shall  be  and  constitute  a  lien  and 
charge  upon  the  several  pieces  of  land  therein  described;  and  the 
general  provisions  of  the  charter  of  the  city  of  Albany  now  exist- 
ing, or  hereafter  to  be  enacted,  as  to  the  validity  of  any  assess- 
ment to  the  extent  of  any  certificates  of  indebtedness  issued  in 
payment  thereof,  shall  be  applicable  and  shall  apply  to  the  assess- 
ment in  this  act  provided  for  to  the  extent  of  any  bonds  issued 
hereunder  to  pay  for  the  same. 

§  3.  If  such  petition  shall  be  duly  presented  to  the  Common 
Council  and  shall  be  certified  by  the  City  Engineer  and  Surveyor, 
as  above  provided  for,  then  in  such  case  the  assessment  for  the 
expense  of  such  work  above  provided  for  shall  be  and  become 
due  and  payable  in  the  manner  and  at  the  time  and  in  the  pro- 
portions following,  and  not  otherwise,  that  is  to  say,  one-fifth 
part  of  each  such  assessment,  with  interest  on  the  whole  amount 
of  the  entire  assessment  up  to  that  time  remaining  unpaid  from 
and  after  the  date  of  the  confirmation  of  such  assessment,  at  and 
after  the  rate  of  interest  specified  in  the  bonds  of  the  city  issued 
under  this  act,  shall  be  payable  on  the  first  day  of  September 
following  the  confirmation  of  such  assessment,  and  one-fifth  part 
thereof,  with  like  interest  on  the  whole  amount  of  the  entire 
assessment  up  to  that  time  remaining  unpaid  from  the  date  of 
the  confirmation  of  such  assessment,  shall  be  and  become  due 
and  payable  on  each  succeeding  finst  day  of  September  until  the 
whole  of  such  assessment  shall  l>e  paid.  The  owner  of  any  piece 
of  propertj'  so  assessed  may,  at  any  time,  pay  to  the  Chamberlain 
of  the  city  of  Albany  the  assessment  upon  his  property,  with 
interest  at  the  rate  aforesaid  up  to  the  time  of  such  payment,  and 
thereupon  said  property  shall  be  discharged  from  the  lien  of  such 
assessment.  In  case  any  payment  so  above  provided  for  shall 
not  be  made  when  as  above  provided  for  it  becomes  due  and 
payable,  and  then  such  amount  shall  be  collected  by  a  sale  of  the 
property  assessed,  and  by  such  other,  if  any,  proceeding  as  may 
be  provided  by  law  for  the  collection  of  ordinary  assessments 
in  said  city.  It  shall  be  the  duty  of  the  Chamberlain  of  the  city 
of  Albany  immediately  when  any  such  default  shall  take  place, 
to  proceed,  under  the  provisions  of  the  charter  of  said  city,  to 
advertise  the  premises  assessed  for  such  amount  so  in  default, 
19 


290  Laws  Rklattng  to  the 

and  to  sell  the  same  for  the  amount  due  thereon,  with  Interest 
on  such  amount  from  the  time  of  such  default,  at  the  rate  pre- 
scribed by  the  charter  of  said  city  in  the  case  of  ordinary  city 
assessments,  together  with  the  costs  and  charges  of  the  notice 
and  sale.  The  property  shall  be  sold  subject  to  all  subsequent 
payments  chargeable  thereto  under  the  said  assessment,  and  sub- 
ject to  any  other  city  assessment  then  a  lien  thereon,  and  the 
Chamberlain's  certificate  and  the  Chamberlain's  declaration  of 
sale  shall  each  be  conclusive  evidence  of  the  regularity  of  all  pro- 
ceedings prior  thereto,   including  the  sale. 

§  4.  It  shall  be  the  duty  of  the  Board  of  Finance  of  the  city  of 
Albany,  upon  the  confirmation  of  any  assessment  mentioned  in 
section  three  of  this  act,  to  cause  to  be  prepared  and  executed  in 
the  usual  form,  bonds  of  said  city  to  be  known  as  Lake  avenue 
improvement  bonds  and  to  sell  so  many  of  the  same  as  near  as 
may  be,  as  shall  produce  an  amount  equal  to  such  assessment, 
at  public  auction,  at  not  less  than  par,  after  notice  of  such 
intended  sale  shall  have  been  published  for  ten  days,  Sundays 
and  legal  holidays  excepted,  in  the  three  city  newspapers 
appointed  and  authorized  to  publish  city  notices  in  the  city  of 
Albany.  Such  bonds  shall  bear  interest  at  (not  exceeding)  three 
and  one-half  per  centum,  and  shall  be  so  respectively  made  pay- 
able, that  of  the  principal  sum  thereby  secured  to  be  paid  there 
shall  fall  due  on  each  first  day  of  November  following  each  first 
day  of  September  succeeding  the  confirmation  of  the  assessment 
above  provided  for,  bonds  representing  one-fifth  part  of  the  afore- 
said assessment,  to  represent  which  said  bonds  shall  be  issued. 
The  principal  and  interest  upon  such  bonds  shall  be  paid  by  the 
city,  as  they  respectively  mature,  out  of  the  amount  collected 
from  the  assessment  to  pay  the  amount  of  which  the  bonds  were 
issued.  Should  there  not  be  sufficient  money  in  the  Chamberlain's 
hands,  collected  from  such  assessment,  to  pay  the  bonds,  or  any 
of  them,  or  the  interest  thereon,  when  they  mature,  then  such 
bonds  or  interest  shall  be  paid  out  of  the  general  debt  sinking 
fund  of  the  city,  and  in  such  case  any  money  thereafter  collected 
from  the  assessment  shall  be  paid  into  such  sinking  fund.  The 
proceeds  of  such  bonds  shall  be  applied  to  the  payment  of  the 
amount  due  to  the  contractor  and  any  other  expense  represented 
in  and  covered  by  such  assessment.  The  provisions  of  sections 
three  and  four  of  this  act  shall  not  be  applicable  to  any  work 
done  hereunder,  and  any  assessment  for  such  work  shall  be  col- 
lected and  paid  in  all  respects  as  other  assessments  are  now  col- 


City  of  Albany.  291 

lected  and  paid  in,  under  tbe  provisions  of  ttie  charter  of  said 
city,  unless  tlie  Common  Council  shall  in  the  law  and  ordinance 
providing  for  the  doing  of  such  work  direct  that  the  provisions 
of  this  act  as  to  the  loaning  of  the  -credit  of  the  city  therefor 
shall  be  applicable  thereto,  which  provision  in  the  law  or  ordi- 
nance for  such  work,  the  owners  signing  a  petition  for  the  doing 
of  said  work  are  authorized  to  make  a  condition  of  said  petition's 
taking  effect. 

§  5.  All  drains  or  culverts  hereafter  to  be  constructed,  and  all 
gas;  water  or  other  pipes  hereafter  to  be  laid,  relaid„or  placed 
in  said  streets  between  the  points  above  designated,  shall  be 
constructed  and  laid  under  the  sidewalks  and  not  under  the  car- 
riage-way thereof;  and  all  water,  sewer  and  gas  pipes  now  laid 
in  said  streets  shall  be  taken  up  and  relaid  under  the  sidewalk 
before  the  carriage-way  is  paved  as  herein  provided  for.  The 
chairman  of  the  Board  of  Supervisors  is  hereby  authorized  to 
sign  the  petition  mentioned  in  the  first  section  of  this  act,  for  and 
on  behalf  of  the  county  of  Albany  and  on  account  of  the  land 
used  in  connection  with  the  alms-house  property  on  said  Lake 
avenue. 

§  6.  This  act  shall  take  effect  immediately. 


CHAPTER  630  OF  THE  LAWS  OF  1894. 

An  Act  to  provide  for  the  improvement  of  a  portion  of  Third 
avenue  in  the  city  of  Albany  and  streets  intersecting  the  same, 
and  for  the  payment  of  the  expenses  thereof. 

Became   a  law   May   10,   1894,    with   the   approval   of    the   Governor. 
Passed,   three-fifths  being  present. 

Tlie  People  of  the  Sfate  of  Neio  Fork,  represented  in  Senate  (ind  Assem- 
bly, do  enact  as  follows: 

Action  of  Council  as  to  improvements. — Duty  of  Board  of  Con- 
tract.— Restrictions  as  to  letting  of  contract. 
Section  1.  Whenever  a  petition  is  made  to  the  Common  Council 
of  the  city  of  Albany,  which  petition  shall  be  in  the  manner  and 
form  authorized  and  required  by  the  charter  of  the  city  of  Albany, 
for  the  grading,  filling,  forming,  curbing,  paving  and  repaving 
the  carriage-way  with  such  kind  of  pavement,  excepting  and 
including  cobble-stones,  as  shall  be  set  forth  in  said  petition,  of 
that  portion  of  Third  avenue,  between  the  east  line  of  Elizabeth 


292  Laws  K elating  to  the 

street  and  the  west  line  of  Hawk  street,  said  Common  Council 
is  authorized  to  establish  a  grade  for  said  street  and  the  streets 
intersecting  the  same,  and  provide  for  the  general  manner  of 
execution  of  such  work  and  to  direct  such  work  to  be  done,  and 
it  shall  be  the  duty  of  the  Board  of  Contract  and  Apportionment 
and  the  other  appropriate  boards  and  officers  in  said  city  to 
carry  the  same  into  execution  and  effect  after  it  shall  have  been 
authorized  by  the  Common  Council  to  be  done.  But  no  proceed- 
ings shall  be  taken  by  said  Board  of  Contract  and  Apportionment 
towards  the  letting  of  the  contract  for  the  performance  of  any 
portion  of  the  work  and  improvement  hereinbefore  described 
until  after  such  time  when  the  amount  of  all  bonds  issued  by 
the  said  city  of  Albany  for  street  improvements  then  outstand- 
ing, together  with  those  proposed  to  be  issued  under  and  by 
virtue  of  this  chapter,  shall  be  less  than  seven  hundred  and  fifty 
thousand  dollars. 

Work,  how  done. — Expense  thereof,  how  assessed. — Lien  upon 
lands. — Provisions  of  charter  applicable. 
§  2.  Such  work,  in  the  foregoing  section  provided  for,  if  author- 
ized by  the  Common  Council,  shall  be  done  in  all  respects  in 
accordance  with  the  laws  of  the  State  of  New  York  and  the 
laws,  ordinances  and  resolutions  of  the  Common  Council  of  the 
city  of  Albany.  Whenever  such  work  shall  have  been  completed, 
the  expenses  thereof  shall  be  imposed  and  assesised  upon  the 
property  benefited  thereby  in  like  manner  and  form  as  other 
assessments  for  work  done  in  said  city  are  levied  and 
imposed,  and  such  assessment,  when  so  made,  shall  be 
conclusive  evidence  of  the  regularity  of  all  prior  pro- 
ceedings taken  and  had  under  the  provisions  of  this 
act,  and  shall  be  and  constitute  a  lien  and  charge 
upon  the  several  pieces  of  land  therein  described;  and  the  gen- 
eral provifiions  of  the  charter  of  the  city  of  Albany  now  existing, 
or  hereafter  to  be  enacted  as  to  the  validity  of  any  assessment 
to  the  extent  of  any  certificate  of  indebtedness  issued  in  payment 
thereof,  shall  be  applicable  and  shall  apply  to  the  assessment  in 
this  act  provided  for  to  the  entent  of  any  bonds  issued  hereunder 
to  pay  for  the  same. 


City  of  Albany.  293 

Assessments,  when  payable. — Payment  of  entire  assessment.— 
Sale  of  property  for  unpaid  assessments. — Chamberlain  to 
advertise  and  sell  same. — Manner  of  sale. 

§  3.  If  such  petition  shall  be  duly  presented  to  the  Common 
Council  and  shall  be  certified  by  the  City  Engineer,  as  above  pro- 
vided for,  then  in  such  case  the  assessment  for  the  expense  of 
such  work,  above  provided  for,  shall  be  and  become  due  and 
payable  in  the  manner  and  at  the  time  and  in  the  proportions 
following,  and  not  otherwise,  that  is  to  say,  one-fifth  part  of  each 
such  assessment,  with  interest  on  the  whole  amount  of  the  entire 
assessment  up  to  that  time  remaining  unpaid  from  and  after  the 
date  of  the  confirmation  of  such  assessment,  at  and  after  a  rate 
to  be  fixed  as  hereinafter  stated,  not  exceeding,  however,  five  per 
centum  per  annum,  shall  be  payable  on  the  first  day  of  September 
following  the  confirmation  of  such  assessment,  and  one-fifth  part 
thereof,  with  like  interest  on  the  whole  amount  of  the  entire 
assessment,  up  to  that  time  remaining  unpaid  from  the  date  at 
which  the  last  previous  payment  of  interest  is  provided  to  be 
paid,  shall  be  and  become  due  and  payable  on  each  succeeding 
first  day  of  September,  until  the  whole  of  such  assessment  shall 
be  paid.  The  owner  of  any  piece  of  property  so  assessed  may,  at 
any  time,  pay  to  the  Chamberlain  of  the  city  of  Albany,  the 
assessment  upon  his  property,  and  the  interest  at  the  rate  so 
fixed  as  aforesaid  up  to  the  time  of  such  payment,  and  there- 
upon said  property  shall  be  discharged  from  the  lien  of  such 
assessment.  In  case  any  payment,  so  above  provided  far,  shall 
not  be  made  when  as  above  provided  for  it  becomes  due  and 
payable,  then  such  amount  shall  be  collected  by  a  sale  of  prop- 
erty assessed  and  by  such  other,  if  any,  proceedings  as  may  be 
provided  for  by  law  for  the  collection  of  ordinary  assessments 
in  said  city.  It  shall  be  the  duty  of  the  Chamberlain  of  the  city 
of  Albany,  immediately  when  any  such  default  shall  take  place, 
to  proceed,  under  the  provisions  of  the  charter  of  said  city,  to 
advertise  the  premises  assessed  for  such  amount  so  in  default, 
and  to  sell  the  same  for  the  amount  due  thereon,  with  intei-est, 
on  such  amount  from  the  time  of  such  default,  at  the  rate  pre- 
scribed by  the  charter  of  said  city  in  the  case  of  ordinary  city 
assessments,  together  with  the  costs  and  charges  of  the  notice 
of  sale.  The  property  shall  be  sold,  subject  to  all  subsequent 
payments  chargeable  thereto  under  the  said  assessment,  and 
subject  to  any  other  city  assessments  then  a  lien  thereon,  and  the 


294  Laws  Relating  to  the 

Chamberlain's  certificate  and  the  Chamberlain's  declaration  of 
sale  shall  each  be  conclusive  evidence  of  the  regularity  of  all 
proceedings  prior  thereto,  including  the  sale. 

Improvement  bonds,  issue  of. — Sale  thereof. — Principal,  when 
due  and  payable. — Payment  of  bonds  and  interest. — Appli- 
cation of  proceeds. — Provisions  not  applicable. — Collection 
and  payment  of  assessments. 

§  4.  It  shall  be  the  duty  of  the  board  of  finance  of  the  city  of 
Albany,  upon  the  confirmation  of  any  assessment  mentioned  in 
section  three  of  this  act,  to  cause  to  be  prepared  and  executed, 
in  the  usual  form,  bonds  of  said  city,  to  be  known  as  Third 
avenue  improvement  bonds,  and  to  sell  so  many  of  the  same,  aa 
near  as  may  be,  as  shall  produce  an  amount  equal  to  such  assess- 
ment, at  public  auction,  at  not  less  than  par,  after  notice  of  such 
intended  sale  shall  have  been  published  for  ton  days,  Sundays 
and  legal  holidays  excepted,  in  the  three  city  newspapers 
appointed  and  authorized  to  publish  city  notices  in  the  city  of 
Albany.  Such  bonds  shall  bear  interest  at  a  rate  to  be  fixed  by 
the  board  of  finance,  not  exceeding  five  per  centum  per  annum, 
and  shall  be  so  respectively  made  payable  that  of  the  principal 
sum  thereby  secured  to  be  paid  there  shall  fall  due  on  each  first 
day  of  November  following  each  first  day  of  September  succeed- 
ing the  confirmation  of  the  assessment  above  provided  for,  bonds 
representing  one-fifth  part  of  the  aforesaid  assessment,  to  rop- 
represent  which  said  bonds  shall  be  Issued.  The  principal  and 
interest  upon  such  bonds  shall  be  paid  by  the  city  as  they 
respectively  mature,  out  of  the  amount  collected  from  the  assess- 
ment to  pay  the  amount  for  which  the  bonds  were  issued.  Should 
there  not  be  sufticient  money  in  the  Chamberlain's  hands  col- 
lected from  such  assessment  to  pay  the  bonds,  or  any  of  them,  or 
the  interest  thereon,  when  they  mature,  then  such  bonds  or 
intea-est  shall  be  paid  out  of  the  general  debt  sinking  fund  of 
the  city,  and  in  such  case  any  money  thereafter  collected  from 
the  assessment  shall  be  paid  into  such  sinking  fund.  The  pro- 
ceeds of  such  bonds  shall  be  applied  to  the  payment  of  the 
amount  due  the  contractor  and  any  other  expense  represented 
in  and  covered  by  such  assessment.  The  provisions  of  sections 
three  and  four  of  tiiis  act  shall  not  be  applicable  to  any  work 
done  hereunder,  and  any  assessment  for  such  work  shall  be  col- 
lected and  paid  in  all  respects  as  other  assessments  are  now 
provided  to  be  collected  and  paid  in  under  the  provisions  of  the 


OiTY  OF  Albany.  295 

charter  of  the  said  city,  unless  the  Ck)mmon  Oouncil  shall,  In 
the  law  or  ordinance  providing  for  the  doing  of  such  works, 
direct  that  the  provisions  of  this  act  as  to  the  loaning  of  the 
credit  of  the  city  therefor  shall  be  applicable  thereto,  which  pro- 
vision in  the  law  or  ordinance  for  such  work,  the  owners  sign- 
ing a  petition  for  the  doing  of  said  work  are  authorized  to  make 
a  condition  of  said  petition  taking  effect. 
§  5.  This  act  shall  take  effect  immediately. 


CHAPTER  356  OF  THE  LAWS  OP  1874. 

An  Act  in  relation  to  the  redemption  of  real  estate  sold  for  the 
non-payment  of  assessments  in  the  city  of  Albany. 

Passed  May  7,  1874;    three-fifths  being  present. 

Ttie  PeopU  of  the  State  of  New  York,  represented  in  Senate  and  Assem- 
bly, do  enact  as  follows: 

Sale  for  assessment  not  to  affect  mortgage  lien. 

Section  1.  No  sale  for  real  estate  hereafter  made  for  the  non- 
payment of  any  assessmeut  in  the  city  of  Albany  shall  destroy 
or  in  any  manner  affect  the  lien  of  any  mortgage  thereon  duly 
recorded,   except  as   hereinafter   provided. 

Purchaser  to  give  mortgagee  notice. 

§  2.  It  shall  be  the  duty  of  the  purchaser  at  such  sale  to  give 
the  mortgagee  a  written  notice  of  such  sale,  requiring  him  to  pay 
the  amount  of  the  purchase-money,  with  interest  at  the  rate 
allowed  by  law  thereon,  within  six  months  after  the  giving  of 
such   notice. 

If  payment  be  made  sale  to  be  of  no  effect. 

§  3.  If  such  payment  shall  be  made,  the  sale  shall  be  of  no 
further  effect,  and  the  mortgagee  shall  have  a  lien  on  the  prem- 
ises for  the  amount  paid,  with  the  interest  which  may  thereafter 
accrue  thereon,  at  the  rate  of  seven  per  cent  per  annum,  in  like 
manner  as  if  the  same  had  been  included  in  his  mortgage. 

Effect  of  non-pajrment. 

§  4.  In  case  the  mortgagee  shall  fail  to  make  such  payment 
within  the  time  so  limited,  he  shall  not  be  entitled  to  any  benefit 
of  section  one  of  this  act. 


296  Laws  Relating  to  the 

Terms  mortgagee  and  purchaser  defined. 

§  5.  The  term  mortgagee,  as  used  in  this  act,  sliall  be  constiiied 
to  include  assignees  whose  assignment  shall  be  duly  recorded, 
and  personal  representatives;  and  the  term  purchajser  shall  be 
construed  to  include  assignees,  and  real  and  personal  representa- 
tives, as  the  case  may  be. 

Notice,  hovr  given. 

§  G.  The  notice  re(iuired  by  section  two  of  this  act  may  be 
given  either  personally  or  in  the  manner  required  by  law  in 
respect  to  notices  of  non-acceptance  or  non-payment  of  notes  or 
bills  of  exchange,  and  a  notarial  certificate  thereof  shall  be  pre- 
sumptive evidence  of  the  fact;  such  certificate  may  be  recorded 
in  the  clerk's  office  of  the  county  of  Albany,  in  the  same  manner 
and  with  the  same  effect  as  is  by  law  prescribed  in  respect  to 
deeds  or  other  evidences  of  title  to  real  estate. 

Notice,  duty  of  purchasers  as  to. 

§  7.  In  all  cases  of  lands  hereafter  to  be  sold  for  arrears  of 
assessments,  in  said  city  of  Albany,  it  shall  be  the  duty  of  the 
purchaser,  or  of  the  person  claiming  under  him,  to  give  the 
owner  or  occupant  tlie  notice  required  by  section  two  of  this  act. 

§  8.  This  act  shall  take  effect  immediately. 


CHAPTER  345  OP  THE  LAWS  OF  1883. 
An  Act  to  legalize  and  confirm  upon  certain  conditions  the  assess- 
ments contained  in  the  assessment-rolls  of  the  respective  wards 
in  the  -city  of  Albany  for  the  years  eighteen  hundred  and 
seventy-six,  eighteen  hundred  and  seventy-seven  and  eighteen 
hundred  and  seventy-eight. 

Passed  April  30,  1883;    three-fifths  being-  present. 

The  People  of  the  State  of  New  York,  represented  in  Senate  and 
Assembly,  do  enact  as  follows: 

Assessment-rolls  legalized. 

Section  1.  The  assessments  contained  in  the  assessment-rolls  of 
the  respective  wards  of  the  city  of  Albany  for  the  years  eighteen 
hundred  and  seventy-six,  eighteen  hundred  and  seventy-seven  and 
eighteen  hundred  and  seventy-eight,  and  which  are  now  on  file 
in  the  office  of  the  Receiver  of  Taxes  of  the  city,  are  hereby  in 
all  things  legalized  and  confirmed,   subject  to  the  rights  of  the 


City  of  A  leant.  297 

shareholders  or  their  personal  representatives  in  National  or 
State  banks  which  were  located  iu  said  city  during  those  years, 
and  the  assessments  against  whom,  by  reason  of  their  ownership 
of  such  shares,  were  collected  by  process  of  law,  to  claim  a  deduc- 
tion from  or  cancellation  of  such  assessments  as  provided  for  in 
the  next  section. 

Notice  of  review  of  assessments  to  be  published. 

§  2.  Within  ten  days  after  the  passage  of  this  act,  the  Assessors 
of  the  city  of  Albany  shall  publish  a  notice  subscribed  by  them, 
in  the  official  papers  of  the  city,  daily,  Sundays  and  holidays 
excepted,  for  three  weeks,  notifying  all  of  such  above  described 
shareholders  that  at  the  office  of  such  Assessors  in  the  city  of 
Albany  for  three  weeks  subsequent  to  the  last  day  of  the  publica- 
tion of  such  notice,  Sundays  and  holidays  excepted,  the  Assossoi-s 
will  be  in  attendance  and  will  hoar  any  application  that  may  be 
made  to  them  for  the  purpose  of  deducting  from  the  assessments 
aforesaid  any  amount  which  such  shareholder  or  his  personal 
representative  would  have  been  entitled  to  deduct  under  the  law 
as  it  existed  in  the  year  when  the  assessment  was  placed  in  the 
roll,   had  such   application   then  been   made. 

Shareholders  may  apply  to  have  assessment  reduced  or  can- 
celed. 
§  3.  During  the  time  above  named  any  of  such  above  described 
shareholders  assessed  in  any  of  such  rolls,  or  any  one  represent- 
ing them,  may  appear  before  such  assessors  and  make  application 
to  have  a  reduction  or  cancellation  of  such  assessment  upon  any 
ground  which  would  have  been  a  legal  ground  at  the  time  when 
such  assessment  was  placed  in  the  roll,  and  upon  the  facts  as  they 
existed  at  the  time  when  such  assessment  was  placed  in  such 
roll.  The  Asseasons  shall  have  power  to  administer  an  oath  to 
the  applicant,  and  after  an  examination  of  him  upon  the  material 
facts  of  such  application,  shall  grant  to  him  such  dedU'Ction  from 
or  cancellation  of  the  assessment  in  question  as  he  would  have 
been  legally  entitled  to  upon  the  facts  as  they  existed  at  the  time 
when  the  assessment  to  reduce  or  cancel  which  the  application 
is  made  was  placed  in  the  roll. 

Certificate  to  be  made  and  signed  by  Assessors. 

§  4.  After  the  expiration  of  the  time  for  hearing  applications  the 
Assessors,  or  a  majority  of  them,  shall  sign  a  certificate  stating 


298  Laws  Ji elating  to  the 

the  name  of  the  shareholder  or  his  personal  representative,  who  Is 
entitled  to  a  deduction  from  the  amount  contained  in  the  assess- 
ment-roll, and  the  amount  of  such  deduction  and  the  amount  of 
the  interest  thereon  from  the  fifteenth  day  of  December  of  the 
year  to  Avhich  the  deduction  applies  up  to  the  first  day  of  Febru- 
ary, eighteen  hundred  and  eighty-four,  and  the  certificate  shall 
be  made  up  in  duplicate,  and  one  of  them  sent  to  the  Board  of 
Supervisors  of  the  county  at  its  fall  session  in  eighteen  hundred 
and  eighty-three,  and  the  other  to  the  County  Treasurer. 

Board  of  Supervisors  to  add  amount  named  in  certificate  to 
tax  levy. 
§  5.  The  Board  of  Supervisors  shall  at  such  session  add  to  the 
amount  to  be  raised  by  tax  for  county  purposes  the  total  amount 
named  in  such  certificate  for  the  principal  and  interest  of  such 
deduction  therein  named,  and  such  sum  shall  be  levied,  assessed 
and  collected  in  the  same  way  as  other  taxes  for  county  purposes 
and  paid  to  the  County  Treasurer  with  other  county  funds. 

Payment  by  County  Treasurer. 

§  G.  The  County  Treasurer,  upon  receipt  of  the  moneys  raised 
by  tax,  shall  pay  to  the  parties  named  in  such  certificate  sent 
him  by  the  Assessors  the  amount  therein  specified  as  due  such 
persons. 

§  7.  This   act  shall   take  effect  immediately. 


CHAPTER  386  OF  THE  LAWS  OF  1887. 

An  Act  to  legalize  and  confirm  the  affidavits  contained  In  the 
assessment-rolls  of  the  respective  wards  of  the  city  of  Albany 
from  the  year  eighteen  hundred  and  seventy-two  to  the  year 
eighteen  hundred  and  eighty-five,  both  inclusive. 

Passed  May  19,  1887;  three-fifths  being  present;  without  the 
approval  of  the  Governor. 

Tlie  People  of  the  State  of  New  York,  represented  in  Senate  and 
Assembly,  do  enact  as  foUoivs: 

Section  1.  The  affidavits  contained  in  the  assessmenit-rollis  of 
the  respective  wards  of  the  city  of  Albany  from  the  year  eighteen 
hundred  and  seventy-two  to  the  year  eighteen  hundred  and 
eighty-five,  both  years  Inclusive,  and  which  are  now  on  file  in 
the  office  of  the  Receiver  of  Taxes  of  the  city  are  hereby  in  all 
things  legalized  and  confirmed.    But  none  of  the  provisions  of  this 


CiTT  OF  Albany.  ^99 

act  shall  apply  to  any  action  or  proceeding  commenced  before 
January  first,   eighteen  hundred  and  eighty-seven. 
§  2.  This  act  shall  take  effect  immediately. 


CHAPTER  341  OF  THE   LAWS  OF   1883. 

An  Act  to  provide  for  the  taxation  of  certain  shareholders  in  the 

National  Albany  Exchange  Bank. 

Passed  April  30,  1883;    three-fifths  being  present. 
Preamble. 

Whereas,  Certain  shareholders  in  the  National  Albany  Exchange 
Bank,  who  are  hereinafter  named,  were,  in  the  years  eighteen 
hundred  and  seventy-six,  eighteen  hundred  and  seventy -seven  and 
eighteen  hundred  and  seventy-eight,  assessed  in  the  Sixth  Ward 
in  the  city  of  Albany  upon  their  shares  of  stock  owned  in  said 
National  Albany  Exchange  Bank,  which  was,  during  such  times, 
a  banking  association,  incoriwrated  under  the  laws  of  the  United 
States,  and  doing  business  in  the  city  of  Albany;  and 

Whereas,  By  reason  of  such  assessments  which  were  assumed 
by  the  authorities  of  the  city  of  Albany  to  have  been  good  and 
valid  assessments,  the  said  stockholders  hereinafter  named  were 
taxed  by  reason  of  their  ownership  of  such  shares,  in  amounts 
set  forth  in  the  assessment-rolls,  for  each  of  said  years,  for  the 
Sixth  Ward  of  the  city  of  Albany,  which  are  now  on  file  in  the 
office  of  Receiver  of  Taxes  of  said  city,  and  are  there  of  record; 
and 

Whereas,  By  reason  of  such  alleged  assessment  and  taxation 
the  various  amounts  set  forth  in  such  rolls  against  the  names  of 
the  said  stockholders  were  collected  by  warrant  by  the  Marshal 
of  the  city  of  Albany,  in  the  spring  of  each  of  the  years  eighteen 
hundred  and  seventy-seven,  eighteen  hundred  and  seventy-eight 
and  eighteen  hundred  and  seventy-nine,  and  the  amount  thus  col- 
lected was  paid  into  the  treasury  of  the  county  of  Albany  by  the 
said  Marshal,  and  was  received  by  the  Treasurer  of  such  county 
at  such  times,  and  disbursed  by  him  in  the  manner  provided  for 
by  law;  and 

Whereas,  An  action  was  commenced  in  tbe  United  States  Cir- 
cuit Court  for  the  northern  district  of  New  Yrok  by  an  assignee 
of  many  of  such  shareholders  to  recover  from  the  county  of 
Albany  the  taxes  paid  by  such  shareholders  during  such  years 
aforesaid,  which  action  was  based  among  other  grounds  upon 
the  alleged  invalidity  of  such  assessments,  because  of  the  alleged 


300  Laws  Relating  20  the 

absence  of  any  valid  act  providing  for  the  taxation  of  share- 
lioldei-s  in  national  banks,  and  the  Supreme  Coui't  of  the  United 
States  has  decided  that  the  act  of  the  Legislature  of  this  State, 
passed  in  eighteen  hundred  and  sixty-six,  and  claimed  by  the 
plaintiff  in  the  action  aforesaid  to  be  wholly  void,  was  not  wholly 
void,  but  served  as  a  basis  for  a  possible  legal  and  valid  assess- 
ment upon  the  owners  of  shares  in  national  banks  in  the  State 
of  New  York;  and 

Whereas,  Since  the  time  when  the  taxes  were  collected  another 
suit  has  been  instituted  by  such  shareholders  or  their  assignee 
to  recover  back  the  amounts  thus  paid  or  collected  for  the  taxes 
of  eighteen  hundred  and  seventy-six,  eighteen  hundred  and 
seventy-seven  and  eighteen  hundred  and  seventy-eight,  into  the 
treasury  of  the  county  of  Albany,  with  interest  thereon  from  the 
time  of  such  payment,  and  which  suit  will  be  grounded  upon 
the  allegation,  among  others,  that  the  assessment  upon  such 
bank  shares  was  not  made  in  the  roll  provided  for  that  purpose 
until  after  the  first  of  September  in  each  year,  and  upon  the  fur- 
ther alleged  ground  that  the  oaths  provided  by  law  to  be  taken 
by  the  Assessors,  and  to  be  attached  to  the  assessment- rolls,  did 
not  comply  with  the  law;  and 

Whereas,  The  same  form  of  oath  was  attached  to  all  the  assess- 
ment-rolls for  the  city  of  Albany  in  the  years  aforesaid,  and  all 
the  taxes  provided  for  in  each  of  said  rolls  were  paid  or  col- 
lected under  the  same  form  of  oath  as  is  complained  of  by  the 
shareholders  above  referred  to,  and  the  same  kind  of  an  assess- 
ment was  made  against  the  shareholders  in  all  the  banks,  both 
State  and  National,  located  in  the  city  of  Albany,  during  the 
years  aforesaid,  and  the  amounts  assessed  against  such  share- 
holders were  voluntarily  paid  by  all  other  shareholders  in  all  the 
other  banks,  with  the  exception  of  the  shareholders  in  said 
National   Albany   Exchange   Bank;   and 

Whereas,  The  assessments  complained  of  are  alleged  to  have 
been  void  on  the  grounds  already  stated,  among  others,  and  the 
grounds  of  such  illegality  would  apply  in  the  one  case  to  all  other 
holders  of  bank  shares  in  banks  located  in  the  city  of  Albany,  and 
in  the  other  to  all  the  taxpayers  of  the  city  of  Albany  contained  in 
said  rolls;  and 

Whereas,  It  would  be  equitable  and  improper  to  permit  the 
shareholders  of  the  National  Albany  Exchange  Bank,  during  the 
years  mentioned  above,  in  case  of  a  recovery  of  the  amounts  here- 
tofore paid  by  them  into  the  county  treasury  on  account  of  taxes, 


City  of  Albany.  301 

to  thus  wholly  escape  taxation  by  reason  of  the  ownership  of 
shares  of  the  bank  aforesaid,  during  the  years  aforesaid;  now, 
therefore, 

Tke  People  of  the  State  of   New    York,  represented   in]  Senate  and 
Assembly,  do  enact  as  follows: 

Assessors  to  levy  and  assess  shareholders. — Amounts. — Assess- 
ments to  be  separately  made. 
Section  1.  The  Assessors  of  the  city  of  Albany,  on  or  before  the 
first  day  of   September,   eighteen  hundred   and  eighty-three,   are 
hereby  directed  to  levy  and  assess  upon  such  of  those  persons  and 
corporations     who    were    shareholders     in   the    National    Albany 
Exchange  Bank  on  the  first  day  of  September,  eighteen  hundred 
and  seventy-six,  and  also  upon  such  of  those  pei-sons  and  coi-pora- 
tions  who  were  shareholders  in  said  bank  on  the  first  day  of  Sep- 
tember, eighteen  hundi-ed  and  seventy-seven,  and  also  upon  such 
of  those  persons  and  corporations  who  were  shareholdei-s  in  said 
bank  on  the  first  day  of  September,  eighteen  hundred  and  seventy- 
eight  (the  names  of  such  various  shareholders  in  said  years  herein 
intended  to  be  included  and  to  be  taxed,  being  hereinafter  specially 
set  forth),  the  sum  of  nine  thousand  and  twenty-four  dollars  and 
sixty-six  cents,  with  interest  from  the  third  day  of  May,  eighteen 
hundred  and  seventy-seven,  to  September  first,  eighteen  hundred 
and  eighty-three,  upon  those  persons  who  were  shareholders  In 
said  bank  on  the  first  day  of  September,  eighteen  hundred  and 
seventy-six,  as  hereinafter  stated;  and  the  sum  of  eight  thousand 
six  hundred    and  ninety-four    dollars   and  fifty-four  cents,   with 
interest  from  the  seventeenth  day  of  April,  eighteen  hundred  and 
seventy-eight,   to  September  first,  eighteen  hundred  and  eighty- 
three,  uiKjn  those  persons  who  were  shareholders  in  said  bank  on 
the  first  day  of  September,  eighteen  hundred  and  seventy-seven,  ae 
hereinafter  stated;  and  the  sum  of  seventy  thousand  seven  hun- 
dred and  sixteen  dollars  and  twenty-two  cents,  with  interest  from 
the  twenty-second  day  of  April,  eighteen  hundred  and  seventy-nine, 
to  September  first,  eighteen  hundred  and  eighty-three,  upon  those 
who  were  shareholders  in  said  bank  on  the  first  day  of  September, 
eighteen  hundred  and  seventy-eight,  as  hereinafter  stated.     Such 
assessments  shall  be  separately  made  for  each  of  such  years,  and 
shall  be  made  pro  rata  upon  the  different  shareholders  in  propor- 
tion to  the  number  of  shares  held  by  each  as  such  number  appear 
on  the  assessment-rolls  in  the  Sixth  Ward  of  Albany  for  the  years 
in  question,  now  on  file  and  of  record  in  the  office  of  the  Receiver 


302  Laws  Relating  to  tuk 

of  Taxes  of  said  city.  The  assessments  shall  be  made  by  such 
Assessors  upon  the  assessment-roll  of  the  Sixth  Ward  in  the  city  of 
Albany,  for  the  year  eighteen  hundred  and  eighty-three,  that  being 
the  ward  and  city  where  the  said  bank  is  located  and  was  located 
m  the  years  above  mentioned.  The  Assessors,  in  making  the 
assessments  above  provided  for,  shall  be  subject  to  all  the  pro- 
visions, so  far  as  applicable,  of  the  general  provisions  of  the  law 
relating  to  assessments  in  and  for  the  city  of  Albany. 

Review  of  assessm^ent,  notice  of. 

§  2.  In  addition  to  the  provisions  of  law  applicable  to  the  city  of 
Albany,  providing  for  the  publication  of  notice  for  reviewing  the 
annual  assessment  for  purposes  of  general  taxation,  the  Assessors 
shall  add  to  the  general  notice  for  the  year  eighteen  hundred  and 
eighty-three,  a  statement  that  as  to  all  who  were  shareholders  in 
the  said  National  Albany  Exchange  Bank  on  tlie  first  day  of  Sep- 
tember, eighteen  hundred  and  seventy-six,  and  also  as  to  all  who 
were  such  shareholders  on  the  fii-st  day  of  September,  eighteen 
hundred  and  seventy-seven,  and  also  as  to  all  who  were  such 
shareholders  on  the  first  day  of  September,  eighteen  hundred  and 
seventy-eight  (the  names  of  all  of  the  shareholders  herein  intended 
to  be  taxed  for  each  of  said  years,  being  hereinafter  named),  an 
opportunity  will  be  given  them  during  the  time  mentioned  in  such 
notice  for  the  general  review  of  assessments,  for  them  to  appear 
and  show  any  legal  cause  why  the  assessment  should  be  reduced 
or  canceled. 

Shareholders  may  appear  and  show  cause  for  reducing  or  can- 
celing assessment. — Willful  false  swearing  perjury. 
§  3.  During  such  time  as  is  stated  in  the  last  section,  any  of 
such  shareholders  shall  have  the  right  to  appear  before  the  Assess- 
ors and  show  any  legal  cause  or  ground  for  reducing  or  canceling 
the  assessment,  and  it  shall  be  reduced  or  canceled  accordingly. 
And  in  making  such  assessment  upon  the  shareholdei-s  for  each 
year  aforesaid,  there  shall  be  allowed  all  the  deductions  in  regard 
to  each  year  aforesaid  which  were  in  such  year  allowed  by  law 
in  assessing  other  taxable  personal  property  owned  by  individual 
citizens  of  this  State,  and  upon  any  claim  for  reduction  on  account 
of  indebtedness,  which  indebtedness  must  have  existed  on  the  first 
day  of  September,  eighteen  hundred  and  seventy-six,  or  eighteen 
htmdred  and  seventy-seven,  or  eighteen  hundred  and  seventy-eight, 
as  the  case  may  be,  upon  which  the  reduction  is  asked,  the  share- 


City  of  Albany.  303 

holder  may  state  that  he  was  indebted  on  such  day  or  days,  and 
upon  proof  of  such  fact  upon  oath,  and  of  the  amount  of  such 
indebtedness,  at  such  times,  to  the  satisfaction  of  the  Assessors, 
and  that  the  amount  of  deduction  applied  for  had  not  already 
been  allowed  him  on  any  assessment  heretofore  made  against 
him  for  taxable  personal  property  in  that  year,  the  Assessors 
shall  deduct  the  amount  of  such  indebtedness  from  the  said  assess- 
ment. The  Assessors  may  administer  oaths  for  the  purposes  of 
euch  examination.  Willful  false  swearing  upon  any  material  mat- 
ter upon  such  investigation  before  said  Assessors  shall  be  deemed 
perjury.  After  such  hearing  or  opportunity  for  such  hearing  has 
been  had,  and  the  time  for  review  has  expired,  the  Assessors  shall 
finally  complete  the  assessment,  but  no  amount  of  tax  tJiat  has 
been  reduced  or  canceled  in  the  case  of  any  shareholder  shall  be 
added  to  the  amount  of  the  tax  upon  any  other  shareholder,  but 
the  amount  of  the  tax  to  be  levied  and  collected  shall  be  thereby 
and  to  that  amount  and  in  that  manner  reduced  in  the  case  of 
such  shareholder. 

Proceedings  to  collect  tax  not  to  be  taken  till  judgment  is 
docketed  or  judgment-roll  filed. 
§  4.  No  proceedings  shall  be  taken  in  any  manner  to  collect  from 
any  of  such  shareholders  any  portion  of  the  amount  of  any  tax 
levied  upon  them  or  either  of  them,  under  and  by  virtue  of  the 
provisions  of  this  act,  until  a  judgment  shall  be  docketed  or  judg- 
ment-roll filed  in  some  court  of  record  of  this  State  or  of  the 
United  States,  In  an  action  in  favor  of  such  shareholders  or  their 
assignees  or  personal  representatives,  providing  for  the  recovery 
from  or  through  the  county  of  Albany,  or  its  Board  of  Supervisors, 
of  the  amounts  of  the  tax  levied  and  collected  from  the  said  share- 
holders herein  mentioned,  or  any  of  them,  for  the  taxes  of  any  of 
the  j-ears  eighteen  hundred  and  seventy-six  and  eighteen  hun- 
dred and  seventy-seven  and  eighteen  hundred  and  seventy-eight 
aforesaid.  And  in  case  any  claim  of  any  shareholder  hereinafter 
named  shall  in  such  judgment  be  finally  held  groundless,  and 
no  recovery  therein  allowed,  then  no  proceedings  shall  ever  be 
taken  to  enforce  the  collection  of  any  tax  against  such  share- 
holders herein  levied  for  the  year  in  which,  by  such  judgment, 
such  claim  to  recover  back  the  tax  heretofore  paid  shall  be  finally 
held  groundless.  In  case  of  proceedings  to  review  any  such  judg- 
ment as  is  above  mentioned,  no  proceedings  shall  be  taken  to 
enforce  the  collection  of  any  tax  herein  provided  to  be  levied  until 


304  Laws  Rklatino  to  the 

the  final   decision  on   sucli  proceedings,   and   until   tlie  judgment 
sliall  finally  provide  for  such  payment  as  aforesaid. 

Warrant  to  collect  tax,  when  to  issue. 

§  5.  When  it  shall  finally  be  determined  by  the  judgment  afore- 
said, as  is  provided  for  in  the  last  section,  the  Receiver  of  Taxes 
of  the  city  of  Albany  shall  issue  liis  warrant  to  the  Marshal  of  the 
city,  commanding  him  to  collect  from  each  of  the  shareholders 
therein  named  the  amount  therein  specified  as  due  from  each,  with 
interest  thereon  at  and  after  the  rate  of  six  per  centum  from 
January  first,  eighteen  hundred  and  eighty-four.  The  shareholders 
named  shall  bo  those  and  only  those  whose  names  are  mentioned 
herein,  and  whose  claims  to  recover  have  been  allowed  in  and 
by  such  judgment;  and  the  amounts  named  in  the  warrant  shall 
in  no  case  exceed  the  amount  assessed  against  sucli  sliareholder 
by  the  Assessors,  with  interest  as  aforesaid,  nor  the  amount  of 
the  claim  and  interest  as  allowed  in  such  judgment. 

Warrant,  how  executed. 

§  6.  The  said  Marshal,  immediately  uiwn  the  warrant  being 
placed  in  his  hands,  shall  proceed  to  execute  it,  and  to  that  end 
shall  give  public  notice,  in  each  of  the  oflBcial  papers  in  the  city, 
for  three  successive  days,  stating  that  such  warrant  has  been 
placed  in  his  hands  for  collection,  and  that  the  amounts  therein 
specified  can  be  paid  to  him  at  the  office  of  the  Receiver  of  Taxes, 
during  the  business  hours  of  the  oflBce,  for  ten  days  after  the  final 
publication  of  such  notice,  Sundays  and  holidays  excepted.  Such 
notice  shall  contain  the  names  of  the  stockliolders  contained  in 
said  warrant,  and  the  amounts  due  from  each.  A  copy  of  such 
notice,  shall,  before  the  expiration  of  the  period  of  publication, 
be  served  upon  some  officer  of  the  bank  aforesaid,  at  its  banking- 
house  in  the  city  of  Albany.  From  the  time  of  the  service  of 
such  notice  on  an  officer  of  the  bank  as  above  mentioned,  a  lien 
shall  exist  upon  every  share  of  stock  in  said  bank  owned  by  any 
shareholder  named  in  the  said  warrant,  and  if  transferred  after 
the  service  of  such  notice,  the  transfer  shall  be  subject  to  such 
lien. 

Duty  of  officers  of  bank  to  retain  amount  necessary  to  pay  tax 
from  dividends. 

§  7.  For  the  purpose  of  collecting  the  tax  provided  for  in  this 
act,  and  in  addition  to  any  other  power  which  the  Marshal  has 


City  of  Albany.  305 

under  and  by  virtue  of  the  provisions  of  law  to  enforce  the  col- 
lection of  taxes  in  the  city  of  Albany,  which  powers  are  hereby 
conferred  upon  such  Marshal,  it  shall  be  the  duty  of  the  officer 
of  the  bank  aforesaid  to  retain  so  much  of  the  dividend  or  divi- 
dends belonging  to  such  shareholder,  as  shall  be  necessary  to  pay 
the  amount  of  the  tax  herein  provided  for.  until  it  shall  be  made 
to  appear  to  such  officer  or  officers  that  such  tax  has  been  paid. 

Amounts  collected,  how  disposed  of. 

§  8.  The  amounts  collected  by  the  Marshal  shall,  from  time  to 
time,  and  as  fast  ViS  collected,  be  paid  by  him  to  the  County 
Treasurer;  and  such  Marshal  shall  have  the  right  to  retain,  as  his 
compensation  for  the  special  services  provided  for  in  this  act,  the 
sum  of  five  per  cent  ui>on  all  sums  collected  and  paid  over  to 
said  Treasurer.  The  said  Marshal  shall,  at  the  expiration  of  sixty 
days  from  the  time  of  his  receipt  of  the  warrant  from  the  Receiver 
of  Taxes,  file  the  same,  with  a  certificate  or  statement  of  his 
action  thereunder,  in  the  office  of  the  Count}-  Treasurer  of  the 
county  of  Albany,  where  it  shall  remain  as  of  record. 

County  Treasurer  has  power  to  collect  tax  remaining  unpaid 
after  return  of  tax  warrant. 
§  9.  If  any  tax  remain  unpaid  wlion  the  Marshal  files  the  war- 
rant in  the  office  of  the  County  Treasurer,  the  said  County  Treas- 
urer shall  then  have  power  to  collect  the  .same  by  action  in  any 
court  of  competent  jurisdiction,  or  by  proving  the  same  against 
the  estate  of  any  deceased  shareholder,  the  same  as  if  the  tax  were 
a  just  debt  due  and  owing  by  the  shareholder  to  the  said  Treas- 
urer. Such  action  shall  be  commenced  in  the  name  of  the  County 
Treasui-er  with  tlie  addition  of  his  name  of  office,  and  upon  expi- 
raition  of  term,  removal  or  other  vacancy,  the  action  shall  be  con- 
tinued in  the  name  of  his  successor,  as  of  course,  and  upon  an 
order  of  the  court  duly  made. 

Collection  in  case  shareholder  has  died. 

§  10.  In  case  of  the  death  of  any  .shareholder  mentioned  in  this 
act,  after  the  levy  and  before  tlie  collection  of  such  tax,  and  in 
case  the  same  is  not  voluntarily  paid  by  the  representatives  of  his 
estate  after  such  tax  has  become  due  and  payable,  the  Marehal, 
in  addition  to  all  other  powers,  may  seize  upon  any  personal  prop- 
erty belonging  to  the  testator  or  intestate  in  his  lifetime,  which 
he  may  find  in  the  count}'  of  Albany,  and  sell  the  same  in  the 

20 


306  Laws  Relating  to  the 

sauio  manner,  and  upon  the  same  notice  as  property  is  sold  in  the 
city  of  Albany  upon  executions  issued  upon  judgments  of  the 
Juytices'  Court  in  and  for  said  city;  and  the  County  Treasurer 
shall  have,  in  cases  of  non-payment  of  such  taxes,  all  the  powers 
as  against  the  personal  representatives  of  such  deceased  share- 
holder, as  are  given  him  in  and  by  section  nine  of  this  act  with 
relation  to  the  cases  of  shareholders  still  living. 

Sums  collected  to  be  credited  county. 

§  11.  All  sums  raised  by  virtue  of  the  provisions  of  this  act 
shall,  when  received  by  the  County  Treasurer,  be  credited  to  the 
county  of  Albany,  and  shall  be  applied  toward  the  payment  of 
the  various  contLngent  expenses  legally  chargeable  to  the  county 
of  Albany. 

Names  of  shareholders. 

§  12.  The  following  are  the  names  of  the  shareholders  in  the 
said  bank  on  the  first  day  of  Septeml>er,  eighteen  hundred  and 
seventy-six,  to  whom  the  provisions  of  this  act  are  intended  to 
apply:  Mary  E.  Allen,  William  J.  Blackall,  Martha  P.  Butler, 
Thomas  B.  Cole,  Theodore  F.  Cornell,  estate  William  Dickson, 
Milo  R.  Eames,  Azuba  (t.  Fairohild,  Sarah  M.  Gai'dner,  Thomas 
TT.  Greer,  Sylvester  Hale,  Sarah  A.  Lansing,  ■Mary  L.  G.  Lewis, 
William  M.  McElroy,  estate  of  James  McNaughton,  Mary  Patrick, 
Henry  C.  Peck,  estate  Amos  Pilsbury  (C.  P.  Williams  and  A.  V. 
De  Witt,  executors),  Robert  C.  Pruyn,  Adam  Shields,  Lemon 
Thompson,  James  C.  Visscher,  John  L.  Voorhees,  George  P.  Wil- 
son, estate  of  Abram  Wing,  estate  of  C.  W.  Bender,  Anson  H. 
Blakeman,  Nicholas  Clapper,  Thomas  Comstock,  Ann  Darling, 
Edward  A.  Durant,  Hester  S.  Emerson,  Daniel  H.  Gardner,  Wil- 
liam Gould,  Thos.  H.  Greer,  ex-estate  of  Ebenezer  Hill,  Carolina 
M.  Lathrop,  Shiboleth  B.  McCoy,  John  McElroy,  Lansing  Merchant, 
Spencer  L.  B.  Peck,  Samuel  L.  Peck,  Agnes  Pruyn,  Eliza  F.  Spoor, 
Francis  Vail,  Thomas  E.  Van  Loon,  Clement  Warren,  Abraham 
F.  Wilson,  Henry  H.  Bulkley,  William  M.  Bender,  estate  of  Gould 
Blakeman,  Amelia  A.  Cobb,  Commerce  Insurance  Company,  Sarah 
Dey  Ermand,  Gideon  D.  Fames,  John  T.  Foote,  Charlotte  Gardner, 
Sarah  M.  Gould,  estate  of  John  Gould,  Harriet  Hilton,  Charles 
B.  Lansing,  James  McElroy,  Peter  Mouteath,  Henry  T.  Mesick, 
Nancy  L.  Peck,  Myron  R.  C.  Peck,  John  V.  L.  Pruyn,  James  Roy, 
William  G.  Thomas,  Catharine  Van  Schaack,  Edward  Visscher, 
estate  of  John  T,  Wendover,  Josiah  B.  Williams,  Chauncey  P. 
Williams, 


City  of  Albany.  307 

Ibid. 

§  13.  The  following  are  the  uames  of  the  shareholders  in  the 
said  bank  on  the  first  day  of  September,  eighteen  hundivd  and 
seventy-seven,  to  whom  the  provisions  of  this  act  are  intended  to 
apply:  Mary  E.  Allen,  estate  of  C.  W.  Bender,  William  M.  Bender, 
William  J.  Bla'ckall,  Anson  II.  Blakeman,  estate  of  Gould  Blake- 
man,  Martha  P.Butler,  Nicholas  Clapper,  Amelia  A.Cobb,  Thomas 

B.  Cole,  Thomas  Comstock,  Commerce  Insurance  Company,  Theo- 
dore F.  Cornell,  Mary  A.  Darling,  Sarah  Dey  Ermand,  estate  of 
William  Dickson,  Edward  A.  Durant,  Gideon  D.  Eames,  Milo  R. 
Eames,  Hester  S.  Emerson,  John  T.  Foote,  Azuba  G.  Fairchild, 
Daniel  H.  Gardner,  Charlotte  Gardner,  Sarah  M.  Gardner,  William 
Gould,  Sarah  M.  Gould,  Thos.  H.  Greer,  Thos.  H.  Greer,  executor, 
estate  of  John  Gould,  William  Gould,  Jr.,  Sylvester  Hale,  estate 
of  Ebenezer  Ilill,  Harriet  Hilton,  Sarah  A.  Lansing,  Carolina  M. 
Lathrop,  Charles  B.  Lansing,  Mary  L.  G.  Lewis,  Shiboleth  B. 
McCoy,  James  McElroy,  William  McElroy,  Peter  Monteath,  estate 
of  James  McXaughton,  estate  of  Peter  McXaughton,  Lansing  Mer- 
chant, Henrj-  T.  Mosick,  Mary  Patrick,  Spencer  S.  B.  Peck,  Henry 

C.  Peck,  Samuel  S.  Peck,  Myron  R.  C.  Peck,  estate  of  Amos  Pils- 
bury  (C.  P.  Williams  and  A.  V.  De  Witt,  executors),  John  V.  L. 
Pruyn.  Robert  C.  Pruyn,  Agnes  Pruyn,  James  Roy,  Adam  Shields, 
Eliza  F.  Spoor.  William  G.  Thomas,  I^mon  Thompson,  Francis 
Vale,  Catharine  Van  Schaack,  James  C.  Visscher,  executor, 
Thomas  E.  Van  Loon,  Edward  Visscher,  John  L.  Voorhees,  Mrs. 
N.  L.  Van  Alstyne,  Richard  Van  Rensselaer,  Richard  Van  Rens- 
selaer, administrator.  Richard  Van  Rensselaer,  executor,  Clement 
Warren,  S.  H.  Wendover,  George  P.  AVilson,  Abraham  F.  Wilson, 
Josiah  B.  AVilliams,  estate  of  Abraham  Wing,  Chauncey  P. 
Williams. 

Ibid. 

§  14.  The  following  are  the  names  of  the  shareholders  in  the 
said  bank  on  the  first  day  of  September,  eighteen  hundred  and 
seventy-eight,  to  whom  the  provisions  of  this  act  are  intended  to 
apply:  Mary  E.  Allen,  Mrs.  Maria  Bender,  William  M.  Bender, 
William  J.  Blackall,  Anson  H.  Blakeman,  estate  of  Gould  Blake- 
man, Martha  P.  Butler,  Sarah  A.  Clapper,  Amelia  A.  Cobb, 
Thomas  B.  Cole.  Phoebe  Comstock,  Commerce  Insurance  Com- 
pany, Theodore  T.  Cornell,  Ann  Darling,  Sarah  Dey  Ermand, 
estate  of  William  Dickson,  Edward  A.  Durant.  Milo  E.  Eames, 
Milo  R.  Eames,  Hester  S.  Emerson,  Azuba  G.  Fairchild,  Daniel  H. 


308  Laws  Relating  to  this 

Gardner,  Charlotte  Gardner,  Sarah  M.  Gardner,  William  Gould, 
Sarah  M.  Gould,  Thomas  H.  Greer,  Thomas  H.  Greer,  executor, 
estate  of  John  Gould,  William  Gould,  Jr.,  Sylvester  Hale,  Oscar 
L.  Hascy,  estate  of  Ebenezer  Hill,  Harriet  Hilton,  Sarah  A.  Lan- 
sing, Carolina  M.  Lathrop,  Charles  B.  Lansing,  Mary  L.  G.  Lewis, 
Shiboleth  B.  McCoy,  James  McElroy,  William  McElroy,  Peter 
Monteath,  estate  of  James  McNaughton,  Henry  P.  McNaughton, 
Lansing  Merchant,  Henry  T.  INIesick,  Jessie  McN.  Miller,  Mary 
Patrick,  Spencer  L.  B.  Peck,  Henry  C.  Peck,  Samuel  S.  Peck, 
Myron  R.  C.  Peck,  estate  of  Amos  Pilsbury  (C.  P.  Williams  and 
A.  V.  De  Witt,  executors),  estate  of  John  V.  L.  Pruyn,  Robert  C. 
Pniyn,  Agnes  Pruyn,  estate  of  James  Roy,  Adam  Shields,  Eliza 
F.  Spoor,  William  G.  Thomas,  Lemon  Thompson,  Francis  Vail, 
Catharine  Van  Schaack,  James  C.  Visischer,  executor,  Thomas  E. 
Van  Loon,  Edward  Visscher,  John  L.  Voorhees,  Mrs.  N.  L.  Van 
Alstyne,  Richard  Van  Rensselaer,  Richard  Van  Rensselaer,  admin- 
istrator, Richard  Van  Rensselaer,  executor,  Clement  Warren,  S.  H. 
Wendover,  George  P.  Wilson,  Abraham  F.  Wilson,  Josiah  B. 
Williams,  estate  of  Abraham  Wing.  Jennie  McN.  Wright,  Chauncey 
P.  Williams. 

Assessment  suflacient  if  shareholder  has  since  died,  provided 
personal  service  of  notice  is  made  on  executor  or  admin- 
istrator. 
§  15.  In  cases  where  the  original  assessment  was  made  in  the 
name  of  a  shareholder  who  has  since  that  time  died,  the  assess- 
ment herein  levied  is  sufficient  if  still  under  his  name,  provided 
personal  service  of  the  notice  mentioned  in  section  two  of  this 
act,  with  a  statement,  signed  by  the  Assessors,  that  the  demand 
is  made  upon  him  as  executor  or  administrator  of  the  deceased 
shareholder,  shall  be  made  on  such  executor  or  administrator, 
within  or  without  the  State,  at  least  ten  days  prior  to  the  time  of 
meeting  of  the  Assessors.  And  in  cases  where  the  original  assess- 
ment was  against  the  estate  of  a  shareholder,  the  assessment 
herein  in  the  same  way  is  sufficient  as  against  the  executor  or 
administrator  of  such  deceased  shareholder.  In  all  cases  no  per- 
sonal claim  shall  or  can  be  made  against  such  executors  or  admin- 
istrators who  shall  only  be  liable  to  pay  from  any  funds  belonging 
to  the  estate  of  the  deceased  shareholders  in  their  hands,  and 
who  shall  retain  enough  for  that  purpose,  but  if,  before  the  pas- 
sage of  this  act,  the  estate  shall  have  been  distributed  and  settled 
then  no  further  proceedings  shall  be  taken  to  collect  the  amount 
of  any  tax  hereby  levied  against  a  deceased  shareholder. 


City  of  Albany.  309 

Proceedings  may  be  reviewed  by  certiorari,  etc. 

§  16.  The  shareholders  assessed  under  the  provisions  of  this  act 
shall  have  the  same  right  and  opportunity  of  reviewing  by  cer- 
tiorari or  other  legal  proceedings  the  decisions  of  the  Assessors 
that  other  persons  assessed  upon  the  assessment-rolls  of  said  city 
may  by  law  be  entitled  to. 

§  17.  This  act  shall  take  effect  immediately. 


CHAPTER  139  OF  THE  LAWS  OF   1870. 

An  Act  to  annex  parts  of  the  towns  of  Bethlehem  and  Water- 
vliet,  in  the  county  of  Albany,  to  the  city  of  Albany,  and  to 
exempt  such  parts  thereof  from  certain  taxes,  and  to  annex  a 
part  of  the  city  of  Albany  to  the  town  of  Watervliet. 

Passed  April  6,   1870;    three-fifths  being  present. 

The  People  of  the  State  of  New  York,  represented  in  Senate  and 
Assembly,  do  enact  asfolloics: 

Part  of  Bethlehem  annexed  to  Albany.— Part  of  Watervliet 
annexed  to  Albany. 

Section  1.  All  that  part  of  the  town  of  Bethlt'liem,  in  the  county 
of  Albany,  embraced  within  the  following  described  limits,  shall 
be  and  is  hereby  annexed  to  and  made  part  of  the  city  of  Albany, 
to  wit: 

Beginning  at  tlie  north-westerly  corner  of  the  east  abutment  of 
the  Albany  and  Susquehanna  railroad  bridge,  over  the  Albany 
and  Bethlehem  turnpike,  and  running  thence  north-westerly  paral- 
lel with  the  present  south  bounds  of  the  city  of  Albany,  to  a 
point  ten  chains  west  of  the  west  line  of  the  Delaware  turnpike; 
thence  north-easterly  at  right  angles  with  the  last-named  line  to  a 
point  three-fourths  of  one  mile  from  the  present  south  bounds  of 
the  city  of  Albany,  measured  at  right  angles  with  the  city  line; 
thence  north-westerly  and  parallel  with  the  present  south  bounds 
of  the  city  to  a  point  two  chains  west  of  the  west  range  of  Allen 
street  produced;  thence  north-easterly  three-fourths  of  one  mile 
to  a  point  in  the  south  bounds  of  the  city  of  Albany  two  chains 
west  of  the  west  line  of  Allen  street;  thence  south-easterly  along 
the  present  south  bounds  of  the  city  of  Albany  to  the  Rensselaer 
county  line;  thence  southerly  along  the  Rensselaer  county  line 
two  hundred  and  sixty-four  feet;  thence  north-westerly  to  the  face 
of  the  dock  on  the  south  side  of  the  Island  creek;  thence  north- 


310  Laws  Relating  to  the 

westerly  along  the  face  of  said  dock  to  a  point  opposite  the  west 
range  of  Green  street;  thence  westerly  and  southerly  along  tlie 
east  low-water  line  of  the  Island  creek  to  a  point  in  range  of  the 
first  boundary  line  produced  south-easterly  to  the  Island  creek; 
thence  noilh-westerly  along  said  line  to  the  north-westerly  corner 
of  the  east  abutment  of  the  Albany  and  Susquehanna  railroad 
bridge,  the  place  of  beginning. 

Also,  all  that  part  of  the  town  of  Watervliet,  in  the  county  of 
Albany,  embraced  within  the  following  described  limits,  shall  be 
and  is  hereby  annexed  to  and  made  part  of  the  city  of  Albany, 
to  wit: 

Beginning  at  a  point  in  the  present  north  boundary  line  of  the 
city  of  Albany,  three-fourths  of  one  mile  west  of  the  west  range 
of  Allen  street,  as  laid  down  on  the  city  map,  running  thence 
north-easterly  on  a  line  at  right  angles  with  the  present  north  line 
of  the  city  of  Albany  one  chain  north  of  low- water  line  of  the  main 
channel  of  Patroon's  creek;  thence  running  easterly  and  parallel 
with  the  general  course  of  said  creek,  and  one  chain  northerly 
therefrom  to  a  point  six  thousand  seven  hundred  and  twenty  feet 
■  from  tlie  center  of  the  "  Russell  road,"  measured  along  the  center 
line  of  the  New  York  Central  railroad;  thence  north-easterly  on  a 
line  drawn  at  right  angles  with  the  present  north  bounds  of  the 
city  to  a  point  one  and  one-fourth  miles  from  the  said  city  line; 
thence  south-easterly  and  on  a  line  parallel  with  the  present  north 
bounds  of  the  city,  and  at  the  distance  of  one  and  one-fourth 
miles  thei-efrom,  to  a  point  three  thousand  three  hundred  and 
twenty  feet  westerly  of  the  west  line  of  the  Watervliet  turnpike 
and  railroad;  thence  north-easterly  on  a  line  parallel  with  said 
Watervliet  turnpike  and  railroad  one  thousand  six  hundred  feet; 
thence  south-easterly  on  a  line  drawn  at  right  angles  with  the  said 
Watervliet  turnpike  and  railroad  to  the  Rensselaer  county  line; 
thence  southerly  along  the  Rensselaer  county  line  to  the  northerly 
line  of  the  present  bounds  of  the  city  of  Albany,  and  thence 
along  the  same  westerly  to  the  place  of  beginning. 

Rate  of  tax  for  fifteen  years  in  parts  of  towns  annexed  to  the 
city. — Not  liable  for  taxes  heretofore  imposed. 
§  2.  For  a  period  of  fifteen  years,  next  ensuing  the  passage  of 
this  act.  the  taxes  levied  upon  real  estate  situate  within  the  por- 
tions of  the  towns  of  Bethlehem  and  Watervliet  described  in  the 
preceding  section  of  this  act,  and  hereby  annexed  to  the  city  of 
Albany,  and  in  the  city  of  Albany  west  of  Allen  street,  and  upon 


City  of  Albany.  31 1 

the  personal  estates  of  persons  resident  in  said  portion  of  said 
towns  and  city,  shall  be  one  per  centum  less  than  the  taxes  levied 
on  other  taxable  real  and  personal  estate  in  the  city  of  Albany. 
But  the  districts  of  the  country  now  comprising  parts  of  the  towns 
of  Bethlehem  and  Watervliet,  and  mentioned  in  section  one  of 
this  act,  and  the  inhabitants  residing  therein,  shall  not  be  liable 
for  any  taxes,  assessments  and  charges  heretofore  assessed,  levied 
or  imposed  upon  the  city  of  Albany;  nor  shall  such  districts  or 
its  inhabitants  be  liable  to  assessments  or  taxation  for  the  reim- 
bursement of  any  debt  heretofore  contracted  by  the  city  of  Albany; 
nor  shall  the  farming  lands  lying  within  said  districts,  and  used 
exclusively  as  such,  be  assessed  at  a  valuation  greater  than  the 
assessed  valuation  of  similar  farming  lands  in  the  town  adjoining; 
but  nothing  lierein  contained  shall  operate  as  an  exemption  of  said 
districts  of  country  from  any  taxes  or  assessments  now  imposed 
or  levied  on  said  districts  of  country  as  portions  of  the  present 
towns  of  Bethlehem  and  Watervliet. 

(As   amended    by    chapter   402,    Laws    of   1877,    and    chapter   333, 
Laws   of  1880.) 

Taxation  in  old  city  limits. 

§  3.  The  rate  of  taxation  in  the  original  limits  of  the  city  of 
Albany,  east  of  Allen  street,  shall  be  uniform  except  as  herein 
provided. 

Taxation  for  streets,  docks,  etc.,  in  part  of  new  city  territory. 
— Petitions  for  exercise  of  jurisdiction. 
§  4.  All  the  district  composed  of  that  portion  of  the  city  of 
Albany  which  lies  between  the  present  south  bounds  of  the  towns 
of  Watervliet  and  the  north  side  of  North  Ferry  street,  the  eastern 
bounds  of  the  said  city  and  the  Erie  canal,  and  that  portion  of  the 
town  of  Watervliet  described  in  section  one  of  this  act,  lying 
between  the  present  north  bounds  of  said  city  and  the  north 
bounds  thereof  as  extended  by  this  act,  the  Erie  canal  and  the 
eastern  bounds  of  said  city  extended  as  aforesaid,  shall  not  be 
subject  to  the  jurisdiction  or  authority  of  the  government  of  the 
city  of  Albany,  for  the  making  and  laying  out  of  any  streets, 
highways,  drains,  sewers  and  docks  therein,  nor  for  any  purposes 
connected  with  the  highways,  streets,  drains,  sewers  and  docks 
thereof,  unless  a  petition  of  two-thirds  in  number  of  the  owners 
and  two-thirds  in  number  of  the  occupants  of  real  estate  in  said 
district,  representing  at  least  one-half  in  value  of  property  in  said 
district,  according  to  the  last  previous  assessment  for  the  purposes 


312  Laws  E elating  to  the 

of  taxation,  shall  be  presented  to  the  Common  Council  of  said 
city,  prayinj?  for  the  exercise  of  such  jurisdiction  and  authority; 
but  in  case  such  petition  shall  be  made  and  presented  as  afore- 
said, the  Common  Council  and  government  of  eaid  city  may  exer- 
cise jurisdiction  and  authority  in  respect  to  the  matters  prayed 
for  in  such  petition,  in  the  same  manner  and  with  like  effect  as 
they  are  by  law  authorized  to  act  in  other  cases  of  like  nature. 
And  in  case  such  jurisdiction  and  authority  shall  be  assumed 
within  six  months  after  the  presentation  of  such  petition  as  afore- 
said, tlie  said  jurisdiction  and  authority  of  said  city  as  aforesaid 
shall  become  pennaneut  and  continue  in  said  city. 

Rights  of  inhabitants  of  annexed  territory. 

§  5.  The  freeholders  and  inhabitants  of  the  territory  hereby 
annexed  to  the  city  of  Albany  shall  enjoy  all  the  rights,  fran- 
chises, privileges  and  immunities  which  are  granted  by  the  charter 
of  said  city  of  Albany,  and  the  several  acts  amending  the  same, 
now  in  force;  and  the  freeholdei*s  and  inhabitants  of  the  said  city 
and  the  territory  so  annexed  shall,  to  every  intent  and  purpose 
provided  for  by  the  said  charter  and  the  said  acts  aforesaid,  be 
subject  to  the  control,  government  and  regulation  of  the  govern- 
ment of  said  city,  except  as  hereinbefore  provided. 

Territory    added    to    town    of    Guilderland. — Laws    applicable 
thereto. 

§6.  All  that  part  of  the  city  of  Albany  lying  north-west  of  a 
line  drawn  from  a  point  in  the  south  line  of  the  city  of  Albany 
where  the  northerly  line  of  the  Great  Western  turnpike  crosses 
the  said  city  line,  and  running  north-easterly  at  right  angles  AVith 
the  said  city  line  to  the  north  bounds  of  said  city,  shall  be  and  the 
same  is  set  off  from  the  city  of  Albany,  and  by  this  act  the  town 
of  Watervliet,  and  annexed  to  and  made  part  of  the  town  of 
Guilderland,  in  Albany  county,  and  all  laws  now  in  force  appli- 
cable to  the  said  town  of  Guilderland  are  hereby  made  applicable 
to  that  portion  of  said  city  hereby  annexed  to  said  town  of 
Guilderland. 

(As  amended  by  chapter  727,  Laws  of  1871.) 

Assembly  districts  not  to  be  altered. 

§  7.  The  Assembly  districts  of  the  county  of  Albany  shall  be 
and  remain,  until  changed  or  altered  by  law,  as  they  were  before 
the  passage  of  this  act,   and  nothing  herein   contained  shall  be 


City  of  A  lb  a. \  v.  813 

taken  as  intended  to  make  any  change  or  alteration  in  the  limits 
of  said  districts. 

§  8.  All  acts  or  parts  of  acts  inconsistent  with  any  of  the  pro- 
visions of  this  act  are  hereby  repealed. 

§  9.  This  act  shall  take  effect  immediately. 


CHAPTER  394  OF  THE  LAWS  OF  1892. 

An  Act  to  provide  for  the  removal  of  the  present  bridge  and 
approaches  thereto  in  Water  sti-eet  over  the  Erie  canal  in  the 
city  of  Albany,  and  to  provide  for  the  construction  of  a  lift  or 
hoist  bridge  or  bridges  in  its  stead,  and  to  provide  for  the  assess- 
ment of  the  expenses  thereof  upon  property  benefited  thereby. 

Approved  by   the  Governor  April  30,   1892.     Passed,   three-fiffhs  being 
present. 

The   People  of  the   State  of  New    York,    reprcse/ited  in    Senate  and 
Assembly,  do  enact  as  follows: 

Section  1.  The  Superintendent  of  Public  Works  is  hereby  author- 
ized to  remove  the  present  canal  bridge  and  approaches  thereto  in 
Water  street  over  the  Erie  canal  in  the  city  of  Albany,  and  to 
provide  for  the  construction  of  a  lift  or  hoist  bridge  or  bridges 
over  said  canal  at  that  point,  and  for  the  necessary  approaches 
thereto,  at  an  expense  not  to  exceed  the  sum  of  twelve  thousand 
dollars.  Such  bridge  or  bridges  to  be  constructed  ui>on  plans  and 
specifications  to  be  drawn  up  and  prepared  by  the  State  Engineer 
and  Surveyor,  immediately  after  the  passage  of  this  act.  who  shall 
obtain  bids  or  estimates  of  the  cost  at  which  such  bridge  or  brid.u;es 
can  be  constructed,  and  shall,  if  the  said  bridge  or  bridges, 
together  with  tlie  work  necessary  for  the  construction  of  the 
approaches  and  other  work  incidental  thereto,  can  be  done  for  the 
sum  of  twelve  thousand  dollars,  report  the  same  to  the  Board  of 
Contract  and  Apportionment  of  the  city  of  Albany,  which  board 
shall  thereupon  forthwith  make  an  assessment  or  apportionment 
of  the  expense  of  such  work  upon  the  property  benefited  thereby, 
and  the  same  shall  be  collected  and  enforced  in  the  same  manner 
as  other  assessments  levied  or  imposed  under  the  authority  of  the 
said  city,  and  whenever  such  assessment  shall  have  been  col- 
lected by  payment  by  the  parties  assessed,  the  Chamberlain  shall 
report  such  fact  to  the  Superintendent  of  Public  Works,  who  shall 
thereupon  proceed  to  carry  into  execution  the  plans  and  specifica- 
tions drawn  up  and  prepared  as  above  provided  for  by  the  State 


314  Laws  RELATiya  to  the 

Engineer  and  Surveyor,  and  when  such  work  iShall  be  completed, 
the  Superintendent  of  Public  Works  shall  certify  to  the  Board  of 
Contract  and  Apportionment  of  the  city  of  Albany  the  cost  of 
said  work;  whenever  such  certificate  shall  be  filed  with  the  Board 
of  Contract  and  Apportionment,  the  Chamberlain  of  the  city  of 
Albany  shall  pay  to  the  Superintendent  of  Public  Works  the 
amount  specified  in  said,  certificates.  The  said  new  bridge  shall, 
on  completion,  be  operated  under  the  direction  of  the  Superintend- 
ent of  Public  Works,  but  at  the  expense  of  the  city  of  Albany, 
and  the  Street  Commissioner  is  hereby  directed  to  pay  the  operat- 
ing expenses  thereof. 
§  2.  This  act  shall  take  effect  immediately. 


CHAPTER  590  OF  THE  LAWS  OF  1894. 

An  Act  to  provide  for  the  repayment  of  moneys  to  the  Chamber- 
lain of  the  city  of  Albany,  heretofore  paid  to  the  Superintendent 
of  Public  Works,  for  the  construction  of  a  lift  or  hoist  bridge  on 
Water  street,  over  the  Erie  canal,  in  the  city  of  Albany,  and  the 
repayment  of  the  same  by  the  said  city. 

Became  a  law  May  9,  1S94,  with  the  approval  of  the  Governor. 
Passed,    three-fifths  being  present. 

The  People  of  the  State  of  New  York,  represented  in  Senate  and 
Assembly,  do  enact  as  foliates: 

Repayment  to  City  Chamberlain. — Appropriations. 

Section  1.  There  shall  be  paid  by  the  Treasurer,  on  the  warrant 
of  the  Comptroller,  to  the  Chamberlain  of  the  city  of  Albany,  the 
sum  of  six  thousand  dollars,  being  one-half  the  amount  hereto- 
fore paid  by  said  Chamberlain  to  the  Superintendent  of  Public 
Works  for  the  removal  of  the  old  bridge  and  approaches  thereto 
in  Water  street,  over  the  Erie  canal,  in  the  city  of  Albany,  and 
for  the  construction  of  the  present  lift  or  hoist  bridge  in  said  street 
over  said  canal,  and  said  sum  is  hereby  appropriated  for  that 
purpose  and  shall  be  paid  from   the  general  fund. 

Repayment  by  city  to  persons  assessed,  etc. — Releases  to  city. 

§  2.  The  Chamberlain  of  the  city  of  Albany,  on  receipt  of  said 
sum  of  six  thousand  dollars,  shall  repay  to  the  persons  or  cor- 
porations assessed  for  the  work  mentioned  in  section  one,  the 
amounts  which  the  said  persons  or  corporations  which  have  been 
paid  the  assessment  for  the  work  mentioned  in  section  one  of  this 


City  of  Albany.  ^}2^) 

a-ct  or  who  have  purchased  property  sold  imder  such  assessment 
to  each  or  to  the  heirs,  successors,  legal  representatives  or  assigns 
of  each,  one-half  of  such  assessment  imposed  upon  each  lot,  the 
assessment  on  which  has  been  paid  or  which  has  been  sold  for 
the  assessment,  provided  that  each  party  so  paid  shall  release  the 
said  city  of  Albany  from  all  claims  or  liability  in  respect  to  such 
assessment. 

§3.  This  act  shall  take  cfft'ct  iiuniiMliately. 


316  Laws  Relating  lo  'ihe 


Title   II, 

EELATING  TO  TIJE  BOARD  OF  HEALTH. 


CHAPTER  297   OF  THE   LAWS   OF   1885. 

An  Act  for  tlu"  proservatioii  of  the  public  health  and  the  registra- 
tion of  vital  statistics  in  the  city  of  Albany. 

Passed  May  21,  1885;    three-fifths  being  present. 

The  People  of  the  State  of  New  York,  represented  in  Senate  and 
Assembly/,  do  enact  as  follows: 

Board    of    Health    to    be    appointed. — Term    of    office — Health 
Officer. 

Section  1.  It  shall  be  the  duty  of  the  Common  Council  of  the 
city  of  Albany,  upon  the  nomination  of  the  Mayor  of  said  city, 
to  appoint  a  Board  of  Health  for  such  city,  to  consist  of  six  per- 
sons who  are  not  members  of  said  council  (one  of  whom,  at  least, 
will  be  a  competent  physician),  who  shall  be  nominated  and 
appointed  as  follows:  Two  persons  for  a  term  of  one  year;  two 
persons  for  a  term  of  two  years,  and  two  persons  for  a  term  of 
three  years.  The  Mayor  of  such  city  shall  be  a  member  ex  officio 
of  such  Board  of  Health,  and  Shall  be  president  thereof.  The 
said  Board  of  Health,  when  duly  organized,  shall  appoint  a  com- 
petent physician  (not  a  member  of  such  board),  who  shall  be 
Health  Officer  for  such  city.  Upon  the  expiration  of  the  term 
of  office  of  any  member  of  the  Board  of  Health  appointed  as 
herein  provided,  his  successor  shall  be  nominated  and  appointed 
in  like  manner  for  the  term  of  three  years;  and  the  said  Mayor 
and  Common  Council  shall  also  have  power  to  fill  any  vacancy 
caused  in  such  Board  of  Health  by  the  death,  resignation  or 
removal  from  the  city  of  any  member  thereof.  This  section  shall 
not  be  construed  to  remove  the  existing  Board  of  Health  in  said 
city,  but  the  successors  of  such  board  shall  be  appointed  as  in 
this  section  provided. 


City  of  Albany.  317 

Powers  and  duties. 

§  2.  The  said  Board  of  Health  as  now  organized  and  hereafter 
to  be  organized  in  said  city  t^hall  liave  power  and  it  shall  be  its 
duty:  ! 

1.  To  meet  at  least  monthly. 

2.  To  prescribi'  the  powers  and  dnties  of  the  loeal  health  officer 
to  be  apix)inted  by  them,  and  to  direct  him  from  time  to  time  in 
the  performance  of  his  duties,  and  to  fix  the  compensation  he 
shall  receive. 

Infectious  diseases. 

3.  To  guard  again.st  the  introduction  of  contagious  and  infec- 
tious disease,  by  the  exercise  of  proper  and  vigilant  medical  inspec- 
tion and  control  of  all  persons  and  things  arriving  in  said  city 
from  infected  places,  or  which,  for  any  cause,  are  liable  to  com- 
municate contagion;  to  require  the  isolation  of  all  persons  or  things 
infected  A^ith  or  exposed  to  i'ontagious  or  infectious  diseases,  and 
to  provide  suitable  places  for  the  reception  of  the  same;  to  prohibit 
and  prevent  all  intercourse  and  communication  with  or  \ise  of 
infected  premises,  places  and  things;  and  to  require,  and,  if  neces- 
sary, to  provide  the  means  for  the  thorough  purification  and 
cleansing  of  the  same  before  general  intercourse  therewith,  or 
use  thereof,  shall  be  allowed.  To  provide  at  stated  intervals  a 
suitable  supply  of  vaccine  vims;  and,  during  the  existence  of  an 
actual  epidemic  of  small-pox,  said  local  Board  of  Health  shall 
obtain  fresh  supplies  of  said  virus  at  intervals  not  exceeding  one 
week,  and  shall  at  all  times  provide  thorough  and  safe  vaccina- 
tion for  all  persons  within  its  jurisdiction  who  may  need  the 
same. 

Nuisances. 

4.  To  receive  and  examine  into  the  nature  of  complaints  made 
by  any  of  the  inhabitants  concerning  nuisances,  or  causes  of 
danger  or  injury  to  life  or  health  within  the  limits  of  its  jurisdic- 
tion; to  enter  upon  or  within  any  place  or  premises  wliere  nuis- 
ances or  conditions  dangerous  to  life  and  healtli  arc  known  or 
believed  to  exist,  and  by  appointed  members  or  persons  to  inspect 
and  examine  the  same;  and  all  owners,  agents  and  occupants  shall 
permit  such  sanitarj'  examinations;  and  said  Board  of  Health 
shall  furnish  .said  owners,  agents  and  occupants  a  written  state- 
ment of  results  or  conclusions  of   such  examinations;   and   said 


318  Laws  Relating  'lo  the 

Board  of  Health  shall  have  power,  and  it  shall  be  its  duty,  to 
order  the  suppression  and  removal  of  nuisances  and  conditions 
detrimental  to  life  and  health  found  to  exist  within  the  limits 
of  its  jurisdiction. 

Registration  of  births,  marriages  and  deaths. 

5.  To  supervise  and  make  complete  the  filing  and  registration  of 
all  births,  marriages  and  deaths  occurring  within  the  limits  of  its 
jurisdiction  in  accordance  with  the  methods  and  forms  to  be  pre- 
scribed by  it.  Said  Board  of  Health  shall  designate  the  persons 
who  shall  grant  burial  pennits  for  the  burial  of  the  dead,  and 
transmit  permits  for  the  transportation  of  the  dead  bodies  of  per- 
sons which  are  to  be  carried  for  burial  beyond  the  Limits  of  the 
county  where  the  death  occurs.  And  the  said  Board  of  Health 
shall  prescribe  sanitary  regulations  for  burials  and  removals  of 
the  dead.  Any  person  neglecting  or  refusing  to  make  out  or  file 
for  registration  any  record  as  aforesaid,  or  as  provided  for  by  the 
ordinances  of  said  Board  of  Health,  and  any  person  causing,  per- 
mitting or  assisting  in  the  burial  oi-  removal  of  any  dead  body, 
unaccompanied  by  a  permit  for  sucli  burial  or  removal,  and  any 
officer  who  shall  neglect  or  refuse  to  register  and  preserve  the 
said  recoivls  sliall  be  deemed  guilty  of  a  misdemeanor,  and  may 
bo  prosecuted  in  any  court  of  competent  jurisdiction. 

Orders  and  regulations. 

6.  To  make,  and  from  time  to  time  publish,  in  such  manner  as 
to  secure  early  and  full  publicity  thereto,  all  such  orders  and  regu- 
lations as  they  shall  think  necessary  and  proper  for  the  preserva 
tion  of  life  and  health,  and  the  successful  operation  of  this  law; 
and  to  make,  without  publication  thereof,  such  orders  and  regula- 
tions in  special  or  individual  cases,  not  of  general  application,  as 
they  may  see  fit  concei'ning  the  suppression  and  removal  of  nuis- 
ances, and  concerning  all  other  matters  in  their  judgment  detri- 
mental to  public  health,  and  to  serve  copies  thereof  upon  any 
occupant  or  occupants  and  the  owmer  or  owners  of  any  premises 
Avhereon  any  such  nuisances  or  other  matters  aforesaid  shall 
exist,  or  to  post  the  same  in  some  conspicuous  place  on  such 
premises. 

Warrants  for  apprehension  of  offenders. 

7.  To  apply,  through  its  health  officer  or  any  authorized  com- 
mittee, for  warrants  to  any  magistrate  or  police  justice  in  said 


City  of  Albany.  3J^9 

city  to  apprehend  and  remove  sueli  persons  as  cannot  otherwise 
be  subjected  to  the  orders  and  regulations  by  them  adopted;  all 
which  warrants  shall  be  forthwith  executed  by  the  officers  to 
whom  they  shall  be  directed,  who  shall  possess  the  like  powers 
and  be  subject  to  the  like  duties  in  the  execution  thereof,  as  if  the 
same  had  been  duly  issued  out  of  any  court  of  fecord  in  this  State. 

Necessary  employes. 

8.  To  employ  all  isuch  persons  as  shall  be  necessary  to  enable 
them  to  carry  into  effect  the  orders  and  regulations  they  shall 
hare  adopted  and  the  powers  vested  in  them  by  this  act,  and 
to  fix  their  compensation. 

Penalties. 

9.  To  impose  penalties  for  the  violation  of,  or  non-compliance 
wiUi.  their  orders  and  regulations,  and  to  maintain  actions  in  any 
court  of  competent  jurisdiction  to  collect  such  penalties,  not  exceed- 
ing one  hundred  dollars  in  any  one  case,  or  to  restrain  by  injunc- 
tion such  violations,  or  otherwise  to  enfoit-e  such  orders  and 
regulations. 

Willful  violation  of  rules,  orders,  etc.— Expenses  may  be  recov- 
ered by  action.— Notice  of  pendency  of  action.— Lien  on 
premises. 

§  3.  Every  person  wlio  shall  willfully  violate  or  refuse  to  obey 
any  order  or  regulation  made  and  pul)iished  by  said  Board  of 
Health  of  .said  city,  or  served  or  posted  as  by  this  act  provided, 
shall  be  guilty  of  a  misdemeanor,  and,  on  conviction  thereof,  shall 
be  fined  or  imprisoned  or  both  fined  and  imprisoned,  in  the  dis- 
cretion of  tiie  court,  such  fine  not  to  exceed  one  thousand  dollars 
and  such  imprisonment  not  to  exceed  six  months.  In  case  any 
order  or  regulation  made  by  the  Board  of  Health  shall  have  been 
duly  served  upon  the  occupant  or  o-wner  or  any  one  of  several 
occupants  or  owners  of  any  premises,  or,  if  there  be  no  occupant 
in  actual  iw.ssession,  or  the  land  be  vacant  and  the  owner  be 
unknown  ajid  cannot  be  found,  such  order  or  regulation  shall  have 
been  duly  posted  in  some  conspicuous  place  upon  said  premises, 
and  the  said  order  or  regulation  shall  not  be  complied  with  within 
the  time  in  said  order  or  regulation  specified  for  compliance  there- 
with, the  said  Board  of  Health,  its  ofiicers,  servants,  agents  and 
employes  are  authorized  to  enter  into  and  upon  the  premises  to 
which  the  said  order  or  regulation  applies  and  suppress,  remove 


320  Laws  Relating  to  the 

or  otherwise  abate  the  nuisance,  or  other  matter  or  thing  men- 
tioned in  sa'id  order  or  regulation,  whit-h,  in  tlie  .iudgment  of  said 
board,  is  detrimental  to  the  public  health,  and  any  other  nuisance, 
matter  or  tiling  found  in  or  upon  said  premises,  which,  in  the 
judgment  of  said  board,  is  detrimental  to  the  public  health,  and 
to  incur  all  expense  proper,  suitable  and  necessary  for  such  pur- 
pose. Such  expenses  so  incurred  shall  be  assessed,  fixed  and 
determined  by  said  Board  of  Health  in  each  case,  and  may  be 
recovered  by  said  board  in  an  action  brought  iu  the  name  of  the 
city  of  Albany  against  the  owner  or  any  one  or  more  of  the  owners 
of  the  premises  upon  or  in  relation  to  which  such  expense  was 
incurred.  The  said  Board  of  Health  may,  at  any  time  before  the 
expiration  of  one  month  froiii  the  time  that  such  expense  has  been 
Incurred  and  the  Avork  of  suppression,  removal  or  abatement  has 
been  fully  completed,  tile  in  the  Albany  County  Clerk's  office  a 
notice  which  shall  be  recorded  in  the  book  therein  containing 
notices  of  pendency  of  action  in  said  office,  and  entered  in  the 
indices  of  such  notices.  Said  notice  shall  state  that  a  claim,  speci- 
fying the  amount  thereof,  exists  in  favor  of  the  city  of  Albany 
against  the  owner  (specifying  his  name,  if  known)  of  the  prem- 
ises therein  described,  and  also  against  tlu>  premises  therein 
described,  that  such  claim  arose  because  of  work  done  or  mate- 
rials furnished,  or  both,  at  a  time  or  between  certain  times  In 
said  notice  to  bo  specified,  and  pursuant  to  an  order  or  regulation 
of  the  Board  of  Health  of  the  city  of  Albany.  The  said  notice 
shall  be  subscribed  by  the  secretary  or  president  of  said  board. 
The  amount  in  said  notice  specified  shall  be  and  constitute  a  first 
lien  upon  the  premises  therein  described,  and  may  be  collected  by 
an  action  brought  in  the  name  of  tlie  city  of  Albany  for  the 
foreclosure  of  said  lien  and  the  sale  of  the  premises  in  said  notice 
described,  conducted  in  all  respects  in  accordance  with  the  rules 
and  practice  of  the  Supreme  Court  in  an  action  for  the  foreclosure 
of  a  mortgage,  provided  that  no  action  shall  be  maintained  for  the 
foreclosure  of  such  lien  unless  it  be  brought  within  six  months 
after  the  filing  of  said  notice.  The  proof  of  service  of  the  order 
or  regulation  of  the  Board  of  Health  may  be  made  in  the  same 
manner  as  proof  of  service  of  a  summons  in  the  Supreme  Court. 

General  expenses  a  city  charge. 

§  4.  All  expenses  incurred  by  the  said  Board  of  Health  in  the 
execution  and  performance  of  the  duties  imposed  by  this  act  shall 
be  a  charge  on  said  city,  and  shall  be  audited,  levied,  collected  and 


City  of  Albany.  32  I 

paid  in  the  same  manner  as  other  city  charges  are  audited,  levied, 
collected  and  paid. 

Acts  named  not  to  apply  to  city. 

§  5.  Chapter  one  hundred  and  fifty-two  of  the  Laws  of  eighteen 
hundred  and  forty-seven,  chapter  three  hundred  and  twenty-four 
of  the  LaMs  of  eighteen  hundred  and  fifty,  and  the  several  acts 
amendatory  thereof  and  supplementary  thereto,  shall  not  apply  to 
the  city  of  Albany. 


CHAPTER  399  OF  THE  LAWS  OF  1888. 

An  Act  to  secure  the  registration  of  plumbers  and  tlie  supervision 
of  the  plumbing  and  drainage  and  ventilation  of  buildings  in 
the  ■city  of  Albany. 

Approved  by  the  Governor  May  26,  1888.  Passed,  three-fifths  being 
present. 

The  People  of  the  State  of  New  York,  represented  in  Senate  and 
Assembly,  do  enact  as  follorrs: 

Registration  of  plumbers  with  Board  of  Health. 

Section  1.  On  or  before  the  first  day  of  July,  eighteen  hundred 
and  eighty-eight,  every  master  plumber  carrj'ing  on  his  trade  in 
the  city  of  Albany,  shall,  under  such  rules  and  regulations  as  the 
Board  of  Health  of  the  said  city  shall  prescribe,  register  his  name 
and  address  at  the  office  of  the  Board  of  Health;  and  after  the 
said  date  it  shall  not  be  lawful  for  any  person  to  carry  on  the 
trade  of  plumbing  in  said  city  unless  his  name  and  address  be 
registered  as  above  provided. 

Registered  list,  how  published. 

§  2.  A  list  of  the  registered  plumbei'S  of  the  city  of  Albany  shall 
be  published  in  the  same  manner  in  the  public  papers  as  other 
publications  made  by  the  said  city,  at  least  once  in  each  year. 

Drainage  and  plumbing,  how  executed. — Drawings  and  descrip- 
tions, how  fi.led. 

§  3.  The  draining  and  plumbing  and  ventilation  of  all  buildings, 
both  public  and  private,  hereafter  erected  in  the  city  of  Albany, 
shall  be  executed  in  accordance  with  plans  previously  approved 
in  writing  by  the  said  Board  of  Health.  Suitable  drawings  and 
descriptions  of  the  said  plumbing  and  drainage   and  means  for 

21 


322  Laws  Relatijsig  to  the 

ventilation  sliall  in  each  case  be  submlttod  and  placed  on  file  in 
the  office  of  the  Board  of  Health.  The  said  Board  of  Health  is 
also  authorized  to  receive  and  place  on  tile  drawings  and  descrip- 
tions of  the  plumbing  and  drainage  of  buildings  erected  prior  to 
the  passage  of  this  act. 

Appropriation  to  carry  act  into  effect. 

§  4.  And  there  shall  be  added  to  the  annual  appropriation  of 
moneys  for  the  maintenance  of  the  Board  of  Health  of  the  city  of 
Albany,  the  sum  of  one  thousand  dollars,  or  as  much  more,  not 
to  exceed  the  sum  of  three  thousand  dollars,  as  may  be  in  the 
judgment  of  the  said  Board  of  Health  necessary  for  the  can-ying 
out  of  the  provisions  of  this  act. 

Courts,  may  restrain  violations  hereof,  by  injunction. 

§  5.  Any  court  of  record  in  said  city,  or  any  judge  or  justice 
thereof,  shall  have  power  at  any  time  after  the  service  of  notice 
of  the  violation  of  any  provisions  of  this  act,  and  upon  the  affi- 
davit of  one  of  the  Commissioneiis  of  Health  or  of  the  Health 
Officer  of  said  city,  to  resti-ain,  by  injunction  order,  the  further 
progress  of  any  violation  named  in  this  act,  or  of  any  work  upon 
or  about  the  building  or  premises  upon  Avhich  the  said  violation 
exists;  and  no  undertaking  shall  be  required  as  a  condition  to  the 
granting  or  issuing  of  such  injunction,  or  by  reason  thereof. 

Violating  act  a  misdemeanor. 

§  6.  Any  person  violating  any  of  the  provisions  of  this  act  shall 
be  deemed  guilty  of  a  misdemeanor. 
§  7.  This  act  shall  take  effect  immediately. 


(iHArTER  763  OF  THE  LAWS  OF  1894. 
An  Act  to  authorize  the  city  of  Albany  to  boiTow  money  and  issue 
bonds  for  the  purchase  or  building  of  a  garbage  crematory  for 
the  use  of  said  city. 

Became  a  law  May  23,  1894,  with  the  approval  of  the  Governor. 
Passed,  three-fifths  being-  present. 

The  People  of  the  Htaie  of  New  York,  i-epresenfed  in  Senate  and 
Assembly,  do  enact  asfolows: 

Section  1.  Whenever  the  Board  of  Health  of  the  city  of  Albany 
shall  consider  it  necessary  for  the  preservation  of  the  public  health 
of  said  city,  said  board  is  authorized  and  empowered  to  formulate 


City  of  A  lb  Ayr.  323 

plans  for  the  collection  and  disix>*al  of  the  garbage,  or  house  offal, 
dead  animals,  night-soil  and  all  kinds  of  refuse  of  the  city  of 
Albany,  and  to  enter  into  suitable  contracts,  to  be  let  in  the  man- 
ner prescribed  by  law,  by  the  Board  of  Contract  and  Apportion- 
ment, for  the  collection  of  the  garbage  and  other  refuse,  and  for 
the  operation  of  works  for  the  destruction  or  reduction  of  the 
same,  or  for  the  purchase  of  suitable  land  and  the  erection  of 
suitable  buildings  for  the  <^reniating  or  chemical  treatment  of  the 
garbage  and  other  refuse,  in  the  manner  that  shall  be,  in  the 
judgment  of  said  Board  of  Health,  for  the  best  interests  of  said 
city.  Said  conti-acts  may.  if  deemed  advisable  by  said  Board  of 
Contract  and  Apportionment,  be  let  for  periods  longer  than  two 
years,  notwithstanding  any  provision  of  law  heretofore  passed 
to  the  contrary. 

(As  amended  by  chapter  848,  Laws  of  189.5,  sec.  1.) 
§  2.  It  shall  be  the  duty  of  the  Board  of  Finance  of  the  city  of 
Albany  to  borrow,  on  the  faith  and  credit  of  the  city  of  Albany, 
such  sum  or  sums  of  money  as  shall  be  required  to  pay  the 
expenditures  herein  authorized  to  be  made  by  the  said  Board  of 
Health  for  the  purchase  of  land  and  the  erection  of  buildings 
for  garbage  disposal,  and  to  issue  the  Iwnds  of  said  city  therefor. 
which  bonds  shall  be  signed  by  the  Mayor  and  Chamberlain,  and 
shall  be  made,  registered  and  payable  in  the  city  of  Albany. 
They  shall  not  exceed  thirty  thousand  dollars  in  amount,  and 
shall  bear  interest  at  a  rate  to  be  fixed  by  the  board  of  finance, 
not.  however,  to  exceed  five  per  cent  per  annum,  payable  semi- 
yearly;  and  upon  the  request  of  said  Board  of  Health  they  shall 
be  negotiated  by  said  Mayor  and  board  of  finance,  as  hereinafter 
provided,  and  the  money  received  therefi-om  shall  be  deposited 
with  the  Chamberlain  of  said  city,  who  shall  keep  a  separate 
account  thereof,  and  shall  pay  therefrom  under  the  order  of  said 
Board  of  Health,  or  a  majority  of  said  board,  such  sums  as  shall 
be  required  by  the  expenditures  for  the  purchase  of  land  and 
for  the  erection  of  buildings  for  garbage  dL^sposal.  The  negotia- 
tion of  such  bonds  shall  be  by  selling  the  same  by  the  said  Cham- 
berlain to  the  highest  bidder  at  public  auction,  at  not  less  than 
par,  giving  at  least  ten  days'  previous  notice  of  the  time  and  place 
of  sale,  by  publication  in  the  city  papers  designated  for  the  pub- 
lication of  city  proceedings.  Such  lK)n<ls  shall  be  issued  in  such 
manner  and  for  such  length  of  time  that  six  thousand  dollars  shall 
be  payable  each  year,  commencing  the  second  year  after  the  issue 


324  Laws  Relating  to  the 

of  the  first  one,  the  last  of  said  bonds  to  be  payable  not  later 
than  five  years  from  the  issue  of  the  first  bond. 

§  3.  It  shall  be  the  duty  of  the  Common  Ck)uncil  of  the  city  of 
Albany  to  cause  to  be  raised  yearly  by  tax  upon  the  taxable  prop- 
erty in  said  city,  in  the  same  manner  as  other  general  taxes  are 
levied,  a  sum  sufficient  to  pay  the  interest  upon  said  bonds  when 
and  as  the  same  shall  become  due  and  payable,  and  the  sum  of 
six  thousand  dollars  to  meet  the  amount  of  principal  coming  due 
each  year  under  the  provisions  of  this  act.  The  Chamberlain  of 
the  city  of  Albany  is  hereby  authorized  to  make  advances  for  the 
necessary  expenditures  by'  the  said  Board  of  Health  for  the  pur- 
pose of  acquiring  land  and  for  the  erection  of  buildings  thereon 
for  garbage  disposal,  upon  their  order  or  draft,  from  any  funds 
in  his  possession,  prior  to  the  issuing  of  the  bonds  herein  author- 
ized, and  to  be  reimbursed  from  the  proceeds  of  the  subsequent 
sale  of  any  of  such  city  bonds. 

§  4.  In  order  to  defray  the  expenses  of  collecting  the  city  garb- 
age and  of  bringing  the  same  to  the  disposal  works  and  of  there 
disposing  of  the  same  by  cremation  or  chemical  treatment,  it  shall 
be  the  duty  of  the  Common  Council  of  the  city  of  Albany  to  cause 
to  be  raised  yearly  by  tax  upon  the  taxable  property  in  said  city, 
in  the  same  manner  as  other  general  taxes  are  levied,  such  sum 
as  the  Board  of  Health  may  estimate  to  be  necessary  for  that 
purpose;  said  sum  shall  not,  however,  exceed  in  aggregate  amount 
a  sum  computed  at  the  rate  of  twenty-five  cents  per  head  of  the 
population  of  the  city  of  Albany,  according  to  the  latest  official 
State  or  federal  census. 

§  5.  This  act  shall  take  effect  immediately. 


CHAPTER  351  OF  THE  LAAVS  OF  1895. 

An  Act  to  promote  the  public  health  and  to  amend  chapter  four 
hundred  and  seventy-three  of  the  Laws  of  eighteen  hundred 
and  ninety-two,  entitled  "An  act  to  establish  free  public  baths 
in  cities,  villages  and  towns." 

Became   a   law   April   18,    1895,    with    the   approval    of    the    Governor. 
Passed,  by  a  two-thirds  vote. 

The   People  of  the  State  of   New   York,   represented   in  Senate   and 
Assembly,  do  enact  as  follows: 

Section  1.  Chapter  four  hundred  and  seventy-three  of  the  Laws 
pf  eighteen  hundred  and  ninety-two,  entitled  "An  act  to  establish 


City  of  Albany.  325 

free  public  baths  in  cities,  villages  and  towns,"  is  hereby  amended 
so  as  to  read  as  follows: 

§  1.  All  cities  of  the  first  and  second  class  shall  establish 
and  maintain  such  number  of  free  public  baths  as  the  local  Board 
of  Health  may  determine  to  be  necessary;  each  bath  shall  be 
kept  open  not  less  than  fourteen  hours  for  each  day,  and  both 
hot  and  cold  water  shall  be  provided.  The  erection  and  mainte- 
nance of  river  or  ocean  baths  shall  not  be  deemed  a  compliance 
with  the  requirements  of  this  section.  Any  city,  village  or  town 
having  less  than  fifty  thousand  inhabitants  may  establish  and 
maintain  free  public  baths,  and  any  city,  village  or  town  may 
loan  its  credit  or  may  appropriate  of  its  funds  for  the  purpose 
of  establishing  such  free  public  baths. 

§  2.  This  act  shall  take  effect  immediately. 


32G  Laws  Relating  to  the 


Title    III. 


PvELATING    TO     POLICE     k^T)    POLICE 
COMMISSIONEPS. 


CHAPTER  77  OF  THE  LAWS  OF  1870. 

TITLE  Xn. 

(Being  title  lii  of  cliapter  77  of  the  Laws  of  187i),  unropealed  by  cliaptfr  298  of  the 
Laws  of  1883.) 

TiiK   Police   Depahtment. 

Police  department. — Capitol  police  abolished. 

Section  1.  The  act  establishing  the  capital  police  district,  so  far 
as  the  same  relates  to  the  city  of  Albany,  as  organized  under  and 
by  virtue  of  an  act  entitled  "An  act  to  establish  a  capital  police 
district,  and  to  provide  for  the  government  thereof,"  passed  April 
twenty-two,  eighteen  hundred  and  sixty-five,  and  the  several  acts 
amendatory  thereof,  are  hereby  abolished,  and  in  lieu  thereof  there 
shall  be  established  a  night  and  day  police  as  herein  provided, 
which  shall  be  styled  the  police  force  of  the  city  of  Albany. 

Police  Board. — Police  force. 

§  2.  The  powers  and  duties  connected  witb  and  incident  to  the 
police  government  of  the  city  of  Albany,  shall  be,  as  hereinafter 
more  especially  provided  for.  vested  in  and  exercised  by  a  Board 
of  Police  Commissioners,  and  by  a  police  force  composed  of  a 
chief  of  police,  captains  of  police,  sergeants  of  police,  patrolmen 
of  poliee,  station-house  keepers,  and  one  surgeon  of  police. 

Police  Board. — Appointment  and  terms  of  Commissioners. — 
Vacancies. — Oath  of  office. — Commissioners  to  receive  no 
pay. — Salary  of  secretary. 

§  3.  The  Police  Board  of  the  city  of  Albany  shall  consist  of  five 
commissioners.    The  Mayor  of  the  city  of  Albany  shall  be  ex  officio 


City  of  A  lb  Ayr.  327 

one  of  the  members  of  said  board,  with  like  powers  as  the  other 
commissioners  and  be  shall  be  president  of  the  Board  of  Gommis- 
sioners.  Within  thirty  days  after  the  passage  of  this  act,  the 
Major  of  said  citj-  shall  appoint,  by  filing  a  certificate  or  certifi- 
cates of  such  appointment  with  the  City  Clerk,  four  persons, 
residents  and  freeholders  in  said  city,  as  such  Commissionere,  one 
of  whom  shall  hold  office  for  one  year,  one  for  two  years,  one  for 
three  years  and  one  for  four  years  from  the  first  day  of  June 
following  such  appointment,  and  the  Mayor  shall  designate  in 
said  certificates  of  appointment  the  period  for  which  each  of  such 
Commissioners  is  appointed  respectively.  And  thereafter  on  or 
within  ten  days  after  the  first  day  of  June  in  each  year,  the 
Mayor  shall  appoint,  in  a  similar  manner,  one  such  Commissioner 
who  shall  hold  office  as  such  for  the  tenu  of  four  years  from  said 
first  day  of  June.  In  the  event  of  a  vacancy  occurring  in  said 
board  in  any  manner,  the  Mayor  shall  appoint,  as  above  pro- 
vided, a  Commissioner  to  fill  such  vacancy  for  the  unexpired  term 
of  his  predecessor.  Every  person  so  appointed  shall,  within  ten 
days  after  notice  of  his  appointment,  take  and  subscribe  before 
the  Mayor,  or  a  judge  of  a  court  of  record,  an  oath  or  affirmation 
faithfully  to  perform  the  duties  of  his  office.  The  said  Commis- 
sioners of  the  Police  Board  hereby  created  shall  receive  no  com- 
pensation for  any  services  performed  by  them  under  the  provisions 
of  this  act,  except  that  the  secretary  of  said  board  shall  receive 
a  salary  not  exceeding  in  amount  five  hundred  dollars  per  annum, 
payable  by  the  Chamberlain  of  said  city,  in  equal  quarterly  install- 
ments, as  hereinafter  provided. 

(As  amended  by  chapter  186,  Laws  of  1872,  and  chapter  99,  Laws 
of  1892,   sec.   1.) 

Quorum. — President  pro  tem. 

§  4.  Any  three  of  said  Commissioners  shall  constitute  a  quorum, 
and  such  quorum  may  execute  all  the  powers  hereby  conferred 
upon  said  Police  Board.  In  case  of  the  absence  of  the  president 
from  any  meeting,  the  board  may  elect  a  president  pro  tempore. 

(As  amended  by  chapter  186,  Laws  of  1872,  and  chapter  99,  Laws 
of  1892.   sec.   1.) 

Records  of  proceedings. — Custody  of  books,  etc. 

§  5.  The  said  Police  Board  shall  keep  a  record  of  their  proceed- 
ings, and  they  shall  appoint  one  of  their  number  to  be  secretary 
of  the  board.    Such  secretary  shall  have  the  custody  of  all  books 


328  Laws  Relating  to  the 

and  papers  belonging  to   the   board,   but  the   same  shall,   at  all 
times,  be  open  to  the  inspection  of  each  of  said  Commissioners. 
(As  amended  by  chapter  186,  Laws  of  1872.) 

Police  force. — Clerks. 

§  6.  The  said  Police  Board  hereby  created  shall  have  exclusive 
power  to  appoint  one  chief  of  police,  who  shall  hold  his  office 
as  such  for  the  tei-m  of  two  years  from  the  time  of  his  appoint- 
ment; not  to  exceed  seven  captains  of  police  and  not  to  exceed 
sixteen  sergeants  of  police;  also  patrolmen  not  to  exceed  one 
hundred  and  twentj'-one  in  number;  five  station-house  keepers; 
supernumerary  patrolmen  not  to  exceed  ten  in  number;  and  one 
surgeon  as  hereby  established,  and  also  to  have  power  to  appoint 
not  more  than  one  clerk. 

(As  amended  by  chapter  298,  Laws  of  1885;    chapter  335,  Laws  of 
1890.   and  chapter  99,   Laws   of  1892,   sec.  3.) 

Organization  of  Board. 

§  7.  Within  ten  days  after  the  appointment  of  said  Commis- 
sioners shall  take  effect,  they  shall  assemble  together  and  organize 
as  hereinbefore  provided. 

(As  amended  by  chapter  186,  Laws  of  1872,  and  chapter  99,  Laws 
of  1892.   sec.  4.) 

Board,  when  to  have  control,  etc. 

§  8.  On  the  first  day  of  June,  eighteen  hundred  and  ninety-two, 
the  said  Board  of  Police  Commissioners  shall  assume  control  of 
the  police  department,  police  force,  and  all  of  the  property,  station- 
houses  and  officers  within  the  city  of  Albany  now  in  the  posses- 
sion of  the  police  or  Police  Commissioners  thereof,  and  shall  suc- 
ceed to  all  the  rights,  duties  and  liabilities  now  belonging  or  apper- 
taining to  the  said  Police  Commissioners. 

(As  amended  by  chapter  186,  Laws  of  1872,  and  chapter  99,  Laws 
of  1892,  sec.  5.) 

Powers   and   duties. — Appointment   of  force. — Vacancies,    how 
filled. — Term  of  office. — Qualifications. 

§  9.  The  duties  of  the  said  Board  of  Police  (as  hereinafter  pre- 
scribed and  defined)  shall  be  more  specially  executed  under  the 
direction  and  control  of  said  board,  and  according  to  rules  and 
regulations  which  it  is  hereby  authorized  to  pass,  from  time  to 
time,  for  the  government  and  discipline  of  its  subordinate  officers 
by  a  police  force  for  the  said  city  of  Albany.     The  said  police 


City  of  Albany.  329 

force  shall  consist  of  a  chief  of  police,  with  so  many  captains  of 
police,  sergeants  of  police  and  patrolmen  as  may  be  hereinafter 
especially  allowed  and  provided  for;  and  all  members  of  such 
police  force  shall,  in  the  first  instance,  be  appointed  by  said  Board 
of  Police,  and  whenever  vacancies  occur  in  such  force,  or  further 
or  additional  members  of  such  force  are  required  according  to 
this  act,  such  vacancies  shall  be  filled  and  such  additional  members 
made  by  like  appointments  by  said  board.  All  officei-s  and  mem- 
bers of  the  police  department,  subject  to  removal  for  cause  herein- 
after specified,  shall  hold  their  office  during  good  behavior,  or  as 
each  shall  well  and  faithfully  observe  and  execute  all  the  rules 
and  regulations  of  the  said  board,  the  laws  of  the  State  and  the 
oi-dinances  of  the  city  of  Albany.  Any  member  of  said  force  may 
be  removed  from  his  office  only  after  written  charges  shall  have 
been  preferred  against  him,  according  to  the  rales  and  regula- 
tions of  said  board,  and  the  same  shall  have  been  heard  and 
examined  by  said  board  in  the  presence  of  the  accused,  the  wit- 
nesses and  such  of  the  officers  of  the  force  and  such  other  per- 
sons and  visitoi-s  as  said  Commissioners  may  deem  proper,  and 
after  the  notice  to  him  thereof  by  said  board,  in  manner  to  be 
prescribed  by  said  rules  and  regulations.  But  no  person  shall 
ever  be  appointed  to  membership  in  the  police  force  of  the  said 
city  of  Albany,  or  shall  continue  to  hold  membership  therein,  who 
is  not  a  citizen  of  the  United  States,  or  who  has  ever  been  con- 
victed of  crime,  or  who  cannot  understandingly  read  and  write 
in  the  Engli.s;h  language,  or  who  shall  not  have  resided  in  the 
State  during  one  year  preceding  his  appointment. 

(As  amended  by   chapter  495,   Laws   of  1873.) 

Powers  of  police  force. 

§  10.  The  members  of  the  police  force  of  the  said  city  shall 
possess,  in  everj-  part  of  the  State  of  New  York,  all  the  common- 
law  and  statutory  powers  of  constables,  except  fbr  the  service  of 
civil  process;  and  any  warrant  for  search  or  arrest,  issued  by  any 
magistrate  of  the  State  of  New  York,  may  be  executed  in  any  part 
of  the  State  by  any  member  of  the  police  force  of  said  city,  with- 
out any  indorsement  of  said  warrant,  and  according  to  the  terms 
thereof;  and  all  the  provisions  of  sections  seven,  eight  and  nine 
of  chapter  two,  title  two,  part  four  of  the  Revised  Statutes,  in 
relation  to  the  giving  and  taking  of  bail,  shall  apply  to  this  act. 


330  Laws  Relating  to  the 

Chief  of  Police,  his  powers  and  duties. 

§  11.  The  chief  of  police,  to  be  appointed  under  the  provisions 
of  this  act,  shall  be  (subordinate  to  the  Mayor  of  the  city  of 
Albany)  the  chief  executive  of  the  poli«i  force  created  by  this 
act,  and  he  shall  obey,  and  cause  the  force  under  him  to  obey,  the 
rules  and  regulations  that  may  be  from  time  to  time  established  by 
the  said  Police  Board,  in  accordance  with  the  provisions  of  this 
act.  Tlie  said  Chief  of  Police  shall  possess  the  powers  of  a  magis- 
trate to  entertain  complaints  for  criminal  offenses,  and  to  issue 
warrants  for  the  arrest  of  persons  charged  with  such  offenses, 
which  warrants  shall  be  made  returnable  before  either  of  the 
police  justices  of  said  city  of  Albany,  at  the  Police  Court.  He 
shall  also  possess  the  powea-  to  commit  persons  charged  with  crimi- 
nal offenses  until  an  examination  siiall  be  had  before  such  police 
justices,  or  one  of  them. 

Detectives. 

§  12.  The  Chief  of  Police  shall  have  the  charge  of  organizing  and 
directing  a  detective  staff  of  not  more  than  five,  which  staff  shall, 
from  time  to  time, be  selected, designated  and  detailed  for  services 
connected  with  the  prompt  detection  and  aid  in  the  punishment  of 
crime,  and  in  such  mode  and  manner  as  the  Board  of  Commis- 
eioners  may  select  and  direct. 

(As  amended  by  chapter  298,   Laws  of  1885,   sec.   2.) 

Special  patrolmen. — How  paid. — Their  powers. — Supernumerary 
patrolmen. 

§  13.  The  said  Board  of  Police  shall,  whenever  expedient,  and  on 
the  application  of  a  corporation  or  person  or  persons  showing  the 
necessity  thereof,  detail  regular  patrolmen  of  the  police  force,  or 
appoint  and  swear  any  additional  number  of  special  patrolmen  of 
the  police  force  to  do  special  duty  within  the  said  city,  the  person 
or  persons  by  whom  the  application  shall  be  made  contributing  to 
the  police  fund  by  payment  to  the  Chamberlain  of  the  said  city  of 
Albany  a  sum  not  exceeding  the  sum  of  two  dollans  and  fifty  cents 
per  diem  of  service  on  such  detail  of  special  duty.  But  the  patrol- 
men so  additionally  and  specially  appointed  shall  be  subject  to  the 
orders  of  the  Chief  of  Police,  and  shall  obey  the  rules  and  regula- 
lations  of  the  said  board,  and  conform  to  its  general  discipline,  and 
to  such  special  regulations  as  shall  be  made,  and  shall  wear  such 
dress  and  emblems  as  the  board  may  direct;  and  shall  during  their 


CiTT  OF  Albany.  331 

term  of  holding  such  appointment  possess  all  the  powers  and  privi- 
leges and  discharge  all  the  duties  of  patrolmen  of  the  police  force 
or  such  special  duties  as  may  be  assigned  to  them  by  the  Police 
Board;  and  they  may  be  removed  at  any  time  by  the  said  board, 
without  cause  assigned  therefor,  upon  notice  to  the  person  or  per- 
sons who  applied  for  the  appointment  as  aforesaid.  All  supernu- 
merary patrolmen  appointed  by  said  Police  Board  shall  be 
appointed  for  the  purpose  of  temporary  filling  the  places  and 
discharging  the  duties  of  the  regular  patrolmen  who  may  be 
absent  from  duty  from  time  to  time,  and  for  no  other  purpose 
whatever,  and  while  on  duty  such  supernumerary  patrolmen  shall 
possess  the  same  powers  and  be  subject  to  the  same  duty  and 
discipline  as  regular  policemen,  and  they  shall  receive  such  com- 
pensation as  the  Board  of  Police  Commissioners  may  determine, 
not  exceeding  the  per  diem  pay  of  regular  policemen;  but  no 
supernumerary  patrolman  shall  be  paid  for  any  service  except  as 
in  this  section  provided. 

(As  amended  by  chapter  298,  Laws  of  18S5,  sec.  3.) 

Special  patrolmen  without  pay. — For  elections. — Oath  of  ofla.ce. 
Powers. 
§  14.  The  Board  of  Police  may  also,  upon  any  emergency,  or 
apprehension  of  riot,  pestilence  or  invasion,  appoint  as  many 
special  patrolmen,  without  pay,  from  among  the  citizens  as  it  may 
deem  desirable;  and  during  any  day  of  public  election  it  may 
appoint,  to  perform  duty  in  said  city  of  Albany,  so  many  special 
patrolmen  as  may  be  required  to  keep  order  during  such  election, 
who  may  be  paid  for  their  services,  as  such  patrolmen  on  such 
day,  two  dollars  each  out  of  the  public  fund,  to  be  contributed  by 
said  city  of  Albany;  provided,  however,  that  each  special  patrol- 
man so  appointed  shall,  at  the  time  of  his  appointment,  make  an 
oath,  before  a  Commissioner  or  the  Chief  of  Police,  that  he  will 
not  interfere  in  any  manner  with  the  election  taking  place  on  the 
day  for  which  he  is  appointed,  otherwise  than  by  depositing  his 
own  vote;  and  providing  that  such  pay  may  be  withheld,  and  he 
may  be  duly  prosecuted  as  for  a  misdemeanor,  if  the  terms  of  such 
oath  be  violated;  and  during  the  term  of  service  of  any  si)ecial 
patrolman  authorized  as  aforesaid,  he  shall  possess  all  the  powers 
and  privileges,  and  perform  all  the  duties  of  the  patrolmen  of  the 
standing  force,  and  he  shall  wear  such  emblem  as  shall  be  pre- 
scribed and  furnished  by  said  board. 


332  Laws  Relating  to  the 

Resignations. — Residence  of  force. 

§  15.  No  membor  of  the  police  force,  under  penalty  of  forfeiting 
tlie  salary  or  pay  which  may  be  due  him,  shall  withdraw  or  resign, 
except  by  permission  of  the  said  board,  unless  he  shall  have  given 
to  the  Chief  of  Police  one  mouth's  notice  in  writing  of  his 
intention  so  to  do;  every  member  of  the  said  police  force  must 
have  residence  witliin  the  city  of  Albany. 

Offices  of  board. 

I  16.  The  said  Board  of  Police  shall  provide  such  offices  and  busi- 
ness accommodationis  as  it  shall  deem  requisite  for  the  transaction 
of  its  own  business  and  that  of  its  subordinate  officei-s. 

Information  for  Common  Council. 

§  17.  The  said  board  shall,  at  all  times,  whenever  consistent  with 
the  rules  and  regulations  of  said  board,  and  with  the  requirements 
of  this  act,  furnish  all  police  information  desired  by  the  Common 
Council  of  said  city  of  Albany, 

Power  to  issue  subpoenas  and  administer  oaths. — Attendance 
of  witnesses. 

§  IS.  The  said  board  shall  have  power  to  issue  subpoenas,  tested 
in  the  name  of  its  president,  to  compel  the  attendance  of  witnesses 
upon  any  proceeding  authorized  by  its  rules  and  regulations.  Each 
Commissioner  of  Police,  and  Chief  of  Police,  is  hereby  authorized 
and  empowered  to  administer  oaths  and  affirmations  to  any  person 
appearing  in  any  matter  or  proceeding  authoaized  as  aforesaid,  and 
to  take  any  depositions  necessary  to  be  made  under  the  niles  and 
regulations  of  the  said  Board  of  Police  for  the  purposes  embraced 
in  this  act;  and  any  willful  and  corrupt  false  swearing  by  any  wit- 
ness or  person  to  lany  material  fact  in  any  necessary  proceeding, 
under  the  said  rules  and  regulations  of  this  act,  shall  be  deemed 
perjury,  and  be  pimished  in  the  manner  now  prescribed  by  law  for 
that  offense;  and  in  case  any  pereon  subpoenaed  under  this  section 
shall  fail  or  refuse  to  obey  such  subpoena,  or  refuse  to  take,  when 
required,  the  proper  oath  or  affirmation,  or  to  answer  any  proper 
question,  upon  the  presentation  of  satisfactory  proof  of  the  same 
to  a  justice  of  the  Supreme  Court,  or  the  Albany  county  judge,  it 
shall  be  the  duty  of  the  justice  or  judge  to  whom  such  presenta- 
tion shall  have  been  made  to  issue  an  order  returnable  before  him 
at  an  early  day,  requiring  the  person  so  failing  or  refusing  to  show 


City  of  Albany.  333 

cauise  why  an  attaclimeut  should  not  issue  against  him;  and  to 
adopt  such  other  and  further  measures  to  compel  the  person  to 
appear  and  testify,  and  to  punish  disobedience,  as  if  the  matter 
were  legally  peading  in  the  Supreme  Court  or  tlie  County  Court  of 
said  county. 

Station-houses. 

§  19.  The  said  board  may.  from  time  to  time,  establish  stations 
and  station-houses,  not  to  exceed  six,  for  accommodating  thereat 
the  members  of  the  police  force,  and  as  temporary  places  of 
detention  for  persons  arrested  and  property  taken  within  the 
l)recinot. 

By-laws  and  ordinances. 

§  20.  The  .said  Tolice  Commissioners,  in  furtherance  of  the  police 
government  of  the  said  city  of  Albany,  and  for  promoting  and 
perfecting  the  police  discipline  of  subordinates  and  of  the  members 
of  said  police  force,  are  empowered  to  enact  and,  from  time  to 
time,  to  modify  and  repeal,  by-la avs,  ordinances,  rules  and  regula- 
tions of  general  descriptions,  wlierein  in  addition  to  such  other  pro- 
visions as  said  Comml.s:sioniM'.s  may  deem  expedient,  there  shall  be 
parfcularly  defined,  enumerated  and  distributed  the  powers  and 
duties  of  the  Chief  of  Police  and  captains  of  police  force,  of  the 
clerks  of  said  board,  of  the  clerks  of  said  board,  and  of  all  other 
members  of  said  police  force;  and  wherein  siliall  be  ispecifled  the 
modes  of  appointment  to  and  removal  from  office  of  all  the  mem- 
bers of  said  police  force,  and  the  manner  of  discipline  of  said  police, 
provided,  that  such  by-laws,  ordinances,  rules  and  regulations 
shall  not  conflict  with  any  of  the  provisions  of  this  act,  or  with 
tlie  Constitution  of  the  United  States  or  that  of  this  State. 

Duties  of  the  force. 

§21.  It  is  liereby  made  tlie  duty  of  said  police  force,  at  all  times 
of  the  day  and  niglit,  within  ilie  said  city  of  Albany,  and  the  mem- 
bers, of  said  force  are  accordingly  hereby  thereunto  empowered, 
especially  to  preserve  the  public  peace,  prevent  crime,  detect  and 
arrest  offenders,  suppress  riots  and  insurrections,  protect  the  rights 
of  persons  and  of  property,  guard  the  public  health,  preserve  order 
at  every  primary  and  public  election,  remove  nuisances  from  pub- 
lic streets,  and  public  and  private  alleys,  roads,  places  and  high- 
ways; repress  and  restrain  disorderly  houses  and  houses  of  ill- 
farpe;  to  arrest  all  street  beggars  and  mendicants;  to  provide  a 


334  Laws  Relating  to  the 

inoper  police  attendance  at  every  fire,  in  order  that  hereby  the 
firemen,  fire  engines  and  property  exposed  may  be  suitably  pro- 
tected or  assisted;  to  assist,  advise  aud  protect  immigrants, 
strangers  and  travelers  in  public  streets  aud  at  landings  of  fer^-y 
and  steamboats,  river  boats  aud  canal  boats,  and  at  railway  sta- 
tions; enforce  every  law  relating  to  the  suppression  and  punish- 
ment of  crime,  or  to  the  observance  of  Sunday,  or  regarding  pawn- 
brokers, emigration,  or  elections,  or  gambling,  or  intemperance,  or 
lotteries,  or  lottery  policies,  or  vagrants,  or  disorderly  persons,  or 
the  public  health,  or  any  ordinance  or  resolution  of  the  Common 
Council  of  said  city  applicable  to  police,  health  or  criminal 
procedure. 

Summary  arrests. 

§  22.  The  several  members  of  said  police  force  shall  have  power 
and  authority,  immediately  aud  without  process,  to  arrest  and  take 
into  custody  any  person  who  shail  commit,  or  threaten  or  attempt 
to  commit,  in  the  presence  of  such  members,  or  within  his  view, 
any  breach  of  the  peace  or  offense  directly  prohibited  by  act  of  the 
Legislature  or  by  any  ordinance  of  the  city,  but  such  member  of 
the  police  force  shall,  immediately  upon  such  arrest,  convey  in 
person  such  offender  before  the  nearest  magistrate,  that  ho  may 
bo  dealt  with  according  to  law. 

Tax  to  support  the  force. 

§  23.  The  Supervisors  of  the  county  of  Albany  are  hereby  author- 
ized, empowered  and  required,  from  time  to  time,  to  levy  aud  raise 
by  tax  upon  the  estates,  real  and  personal,  taxable  within  said 
county,  such  sum  and  sums  of  money  as  may  be  required  to  carry 
into  effect  .the  fiscal  provisions  of  this  act  affecting  said  city. 

Exemptions. 

§  24.  No  person  holding  oflice  under  this  title  shall  be  liable  to 
military  or  jui'y  duty,  or  to  arrest  on  civil  process,  or  to  service 
of  subpoena  from  civil  courts,  while  actually  on  duty. 

Detention  of  witnesses. 

§  25.  The  said  board  are  authorized,  from  time  to  time,  to  con- 
tract for  and  provide  suitable  accommodations  wiithin  said  city 
for  the  detention  of  witnesses  who  are  unable  to  furnish  security 
foi-  their  appearance  in  criminal  proceedings;  and  such  accommoda- 


City  of  Albany.  835 

tions  shall  be  in  premises  other  than  those  used  for  the  confine- 
ment of  persons  charged  with  crime,  fraud  or  disorderly  conduct; 
and  it  shall  be  the  duty  of  all  magistrates  in  committing  witne^es 
to  have  regard  to  the  rules  and  regulations  of  said  Iward  in  respect 
to  their  detention. 

Suspensions. 

§  26.  The  said  board  may  suspend  from  pay  or  duty,  or  both, 
any  member  of  the  said  force,  but  not  longer  than  thirty  days  from 
pay  at  any  one  suspension. 

Quarterly  reports  of  Chief. — Annual  report  to  Common  Council. 
§  27.  The  said  Chief  of  Police  shall  make  to  said  Police  Board 
quarterly  reports,  in  writing,  of  the  state  of  the  police  force,  with 
such  statistics  and  suggestions  as  he  may  deem  it  advisable  to  sub- 
mit for  the  improvement  of  the  police,  government  and  discipline 
of  the  said  force;  said  board  shall,  on  or  before  the  first  Monday 
of  December  in  eacli  year,  make  a  report,  in  writing,  to  the  Com- 
mon Council  of  said  citj'  upon  the  condition  of  the  said  police 
within  said  city. 

Violence  at  elections,  how  punished. 

§  28.  It  shall  be  a  misdemeanor,  punishable  by  imprisonment  in 
the  county  jail,  or  in  the  All>any  penitentiary,  for  not  less  than 
one  year  and  not  exceeding  two  years,  or  by  a  fine  of  not  less  than 
two  hundred  and  fifty  dollars,  for  any  person,  without  justifiable 
or  excusable  -cause,  to  use,  or  incite  any  other  person  to  use,  per- 
sonal violence  upon  any  elector  upon  any  election  day  in  said  city 
of  Albany,  or  upon  any  raeml)er  of  the  police  force  thereof  at  any 
time  when  in  the  discharge  of  his  duty,  or  for  any  such  member 
willfully  to  neglect  making  .'>ny  arrest  for  an  offense  against  the 
laws  of  this  State  or  any  ordinance  in  force  in  any  part  of  said 
city  of  AlKiny,  or  for  any  person  not  a  member  of  said  police 
force  falsely  to  represent  himself  as  being  .such  a  member,  with  a 
fraudulent  design  upon  persoiLs  or  property. 

Complaint  books. — Books  of  record. — Keturns  and  minutes  to 
be  bound. 
§  29.  The  said  l>oard  sliall  caiLse  to  be  kept  general  complaint 
books,  in  which  shall  be  entered  any  complaint  of  a  police  nature 
preferred  upon  a  personal  knowledge  of  the  circumstances  thereof, 
with  the  name  and  residence  of  the  complainant;  they  shall  also 


336  Laws  Relating  to  the 

cause  to  be  kept  books  of  registration  of  lost,  missing  and  stolen 
property,  for  the  general  coavenience  of  the  public  and  for  the 
information  of  said  police  force.  The  said  board  shall  cause  to  be 
kept  books  of  record  of  said  police  department,  wherein  shall  be 
entered  the  name  of  every  member  of  said  polit-e  force,  with  the 
time  and  place  of  his  nativity,  the  place  where  and  the  time  when 
(if  born  out  of  the  United  Slates)  he  became  a  citizen  of  the 
United  States;  his  ago  upon  becomingsuch  member  and  his  former 
occupation,  the  number  of  his  family  and  the  residence  thereof, 
and  the  date  of  his  appointment  and  of  his  resignation  of,  or 
withdrawal  or  dismissal  from,  said  force,  with  the  cause  of  the 
latter,  and  against  all  such  entries  sufticient  space  shall  be  left 
wherein  to  make  record  of  any  especial  arrests  made  from  time  to 
time  by  such  member,  or  of  any  especial  service  deemed  merito- 
rious by  the  board,  done  by  him.  Such  books  shall  be,  at  all  busi- 
ness hours,  and  when  not  in  actual  use,  open  to  public  inspection. 
The  said  board  shall  also  cause  to  be  kept  and  bound  all  police 
returns  and  reports  from  any  member  of  said  force,  and  all 
minutes  of  the  proceedings  of  said  board;  which  returns,  reports 
and  minutes  shall  be  open  for  public  inspection  only  in  the 
discretion  of  said  board. 

Warrant  of  appointm^ent. 

§30.  Every  member  of  said  force  shall  have  issued  to  him,  by 
said  board,  a  proper  warrant  of  apix)intment  signed  by  the  presi- 
dent of  said  board  and  counttrsigned  by  the  secretary,  wliich 
warrant  shall  contain  the  date  of  his  appointment  and  his  rank. 

OflB.cial  bonds  and  oaths. 

§  31.  The  said  board  shall  m.ake  suitable  provisions  respectiug 
security  to  be  given  by  the  Chief  of  Police  and  other  officers  of 
said  force  for  the  faithful  performance  of  their  respective  duties. 
Each  member  of  the  police  force  shall  subs>cribe  an  oath  of  office, 
in  the  constitutional  form,  m  a  book  kept  for  that  puri^ose,  and 
shall  take  said  oath  before  one  of  the  Commissioners  of  Police, 
each  of  whom,  is  hereby  authorized  to  administer  such  oath  and 
to  -cei-tify  the  taking  thereof. 

Details  for  elections. 

§  32.  It  shall  be  the  duty  of  said  board  to  detail,  on  the  day  of 
any  election  in  said  city  of  Albany,  at  least  two  patrolmen  to  each 
electior.  poll,  and  to  provide  ballot  boxes  for  use  at  any  and  all 


City  of  Albam'.  337 

such  elections,  and  to  provide  for  the  custody  of  said  boxes  at  all 
times  excepi  during  the  taking,  receiving  and  counting  of  the 
votes.  Said  city  of  .Albany  tshall  pay  the  expense  of  procuring  and 
taking  care  of  its  boxes. 

Order  at  polls. 

§  33.  It  shall  be  the  duty  of  said  board  to  prevent  any  booth  or 
box  for  the  distribution  of  tickets  at  any  election  from  being 
erected  or  maintained  within  one  hundred  and  fifty  feet  of  any 
polling  place  within  said  city,  and  to  see  that  the  arrangements 
for  voting  are  such  as  to  prevent  any  avoidable  crowdhig  of 
voters  at  such  polls,  and  that  the  challengers  of  both  and  all 
parties  have  fair  and  equal  room,  rights  and  privileges  for  the 
discharge  of  their  duties  at  each  poll;  and  that  the  canvassing  of 
the  votes  be  conducted  in  an  orderly,  fair,  open  and  public  man- 
ner; and  no  person  or  officer  shall  have  power  to  interfere  with 
said  board  in  their  discharge  of  the  duties  imposed  on  them  by 
this  section. 

Service  of  criminal  process. 

g  34.  All  criminal  process  for  any  offense  committed  within  said 
city,  issuing  out  of  any  court,  oi  from  any  justice,  judge  or  justice 
of  the  peace  within  said  county,  shall  be  served  by  a  member  of 
said  police  force. 

Expenses  and  fees. — Traveling  expenses,  how  paid. — Annual 
tax  therefor. — Annual  statement. 
§  35.  The  necessary  expenses  incurred  in  tlio  execution  of  crimi- 
nal process  within  said  city  shall  be  a  chai'ge  against  the  city. 
No  feies  or  compensation  whatever,  other  than  as  herein  provided, 
sJiall  be  charged  or  received  by  any  officer  or  member  of  the  said 
police  force,  for  the  arrest,  confinement  or  discharge  of  any  per- 
son, or  for  mileage  and  travel,  or  for  serving  any  waiTant,  sub- 
poena or  process,  or  for  discharging  any  other  duty  required  by 
this  act,  nor  shall  any  such  fee  or  compensation  be  charged  or 
received  by  any  officer  or  citizen  for  the  arrest  of  any  i>erson 
charged  with  crime,  or  for  the  service  of  any  warrant,  subpoena 
or  other  process  in  any  criminal  case,  except  as  herein  provided. 
The  actual,  necessary  and  reasonable  traveling  expenses,  which 
shall  include  board  as  well  as  transportation,  incurred  by  any 
officer  or  member  of  the  said  police  force,  or  by  any  other  officer 
or  citizen  who  may  have  been  selected  to  execute  any  process 

22 


338  Laws  Relating  to  the 

issued  within  the  said  city  of  Albany,  incurred  by  any  such  officer 
or  member  of  the  police  force,  or  other  officer  or  person  in  execut- 
ing any  such  process  or  discharging  any  duty  required  of  him  by 
the  District  Attorney  of  the  county  of  Albany,  or  by  any  police 
justice,  justice  of  the  peace,  judge  of  a  court  of  record  or  criminal 
court,  held  within  said  city,  for  any  offense  arising  within  said 
city,  shall  be  audited  and  allowed  by  the  said  Board  of  Commis- 
sioners, and  paid  by  the  Chambei'lain  of  the  said  city  of  Albany. 
But  such  charges  shall  only  be  allowed  upon  the  affidavit  of  the 
person  making  them,  and  shall  not  include  any  items  for  traveling 
expenses,  in  cases  wherein  transportation  has  been  furnished  to  the 
party  gratuitously,  and  without  pay  by  him,  under  :n'hatever  cir- 
cumstances such  free  transportation  may  have  been  given.     The 
Board  of  Supervisors    of  the  county    of  Albany   shall   annually 
cause  to  be  raised  by  tax,  in  the  manner  provided  by  law  for 
assessing,  levying  and  collecting  the  State  and  county  taxes,  within 
and  for  said  county,  the  sum  of  two  thousand  dollars  to  pay  in 
part  the  expenses  incurred  by  said  police  force  in  the  service  of 
all  criminal  process  issuing  from  the  District  Attorney,  or  any 
police  justice  of  the  city  of  Albany,  and  a  sum  sufficient  to  pay 
the  cost,  charges  and  expenses  for  police  services  rendered  by  any 
member  of  the  said  police  force,  or  by  said  Police  Board,  in  the 
execution  of  criminal  process,   in  cases   now   chargeable  to   said 
county;  the  same  to  be  assessed,  levied  and  collected  upon,  and 
from  the  city  in  the  same  manner,  ratio  and  proportion  as  the 
accounts  of  deputy  sheriffs  and  constables  of  said  county  are  now 
charged,  assessed,  levied  and  collected;  the  amount  thereof  to  be 
paid  to  the   Chamberlain   of   the   city  of   Albany,   to   be  applied 
toward  the  genei-al  expenses  of  said  police  force;  and  it  shall  be 
the  duty  of  the  said  Board  of  Police  to  furnish  annually  to  the 
Board  of  Supervisors  of  said  county  an  accurate  statement  of  all 
the  moneys  paid  out  by  said  board  under  the  requirements  of  this 
section  during  the  preceding  year,  and  the  amount  so  raised  shall 
be  paid  over  by  the  County  Treasurer  of  said  county  to  the  Cham- 
berlain of  said  city  of  Albany. 

Common  Council  to  provide  station-houses. 

§  36.  It  is  hereby  declared  to  be  the  duty  of  the  Common  Council 
of  the  city  of  Albany  to  provide,  at  the  expense  of  said  city,  within 
each  police  precinct  of  said  city,  all  necessary  accommodations  for 
the  station-houses  required  by  said  Board  of  Police  for  the  accom- 


City  of  Albany.  339 

modatiou  of  the  police  force  of  such  pre'Cincts,  aud  for  the  lodging 
of  vagrants  and  disorderly  persons,  and  for  the  temporary  deten- 
tion of  persons  arrested  for  offenses.  In  case  said  Common 
Council  neglect  or  refuse,  for  sixty  days  after  having  been  thereto 
hi  writing  requested  by  said  board,  to  provide  such  accommoda- 
tions or  station-houses  which,  in  the  opinion  of  said  board,  are 
suitable,  or  to  put  such  station-houses  in  due  repair,  then  said 
board  may  make  their  own  provisions  therefor,  whether  by  con- 
tracts of  hiring  or  i-epairing  proper  premises;  and  the  expenses 
thereof  shall  be  a  proper  expense  of  and  charge  against  the  said 
city  of  Albany.  Provided  in  case  there  shall  be  at  any  time  a 
sufK<;ient  surplus  arising  from  unexpended  moneys  raised  for  the 
annual  support  of  the  police  department,  but  not  used  necessary 
for  that  purpose,  it  shall  be  lawful  for  said  board  to  apply  the 
same  without  the  consent  of  the  Common  Council  to  the  purchase 
of  a  lot  and  the  erection  of  a  building  tliereon  to  be  used  as  a 
station-house  in  any  of  the  police  precincts  of  said  city. 

Tax  for  support  of  force. 

§  37.  The  Board  of  Supervisors  of  the  county  of  Albany  shall, 
annually,  on  the  requisition  of  the  said  Police  Board,  cause  to  be 
raised  by  tax,  in  the  manner  provided  by  law  for  assessing,  levy- 
ing and  collecting  the  general  taxes  of  said  city  of  Albany,  the 
sum  necessary  to  defray  the  expenses  of  the  police  force  organ- 
ized by  this  act.  Such  sum,  when  collected,  shall  be  paid  over 
by  the  Receiver  of  Taxes  of  said  city  to  the  Chamberlain  thereof, 
by  whom  the  disliursenient  thereof  shall  be  made  as  herein  pro- 
vided, in  accordance  with  the  rules  and  regulations  of  the  said 
board. 

Salaries  of  Secretary,   Chief  of  Police,  officers,  etc.— Detective 
staff. — Grades  of  patrolmen. — Salaries  of  patrolmen. — Mem- 
bers of  veteran  grade. 
§  38.  The  one  of  said  Commissioners  who  shall  be  elected  Secre- 
tary of  the  board,  shall  receive  an  annual  salary  of  five  hundred 
dollars;  the  Chief  of  Police  shall  receive  an  annual  salary  of  three 
thousand  dollars  and  the  salary  of  the  clerk  shall  be  fixed  by  the 
Board  of  Commissioners;  each  captain  of  the  police  shall  receive 
an  annual  salary  of  not  over  one  thousand  two  hundred  dollars; 
each  sergeant  one  thousand  dollars  aud  each  patrolman  of  the 
police  force  shall  receive  an  annual  salary  of  not  over  nine  hun- 


340  Laws  li elating  to  the 

dred  dollars  to  be  regulated  as  horcinaftor  set  forth,  and  each 
station-house  keeper  shall  receive  an  annual  salary  of  not  over 
six  hundred  dollars,  and  the  surgeon  of  police  shall  receive  an 
annual  salary  of  not  over  five  hundred  dollars.  Each  patrolman 
detailed  on  the  detective  staff  of  said  police  force  may  be  paid  in 
addition  to  his  annual  salary,  as  herein  provided,  an  additional 
compensation  of  not  exceeding  three  hundred  dollars  annually 
to  be  fixed  and  determined  by  the  said  Police  Commissioners, 
based  upon  the  length  of  service  and  ability  of  each  detective 
and  to  be  paid  to  said  detectives  so  detailed  in  proportional 
monthly  sums  in  the  same  manner  as  provided  in  this  act  for  the 
payment  of  their  salaries.  The  grade  of  the  members  of  the 
police  force  who  are  patrolmen  shall  be  as  follows:  All  such 
members  who  shall  have  served  three  years  or  upwards  on  sacn 
force  as  patrolmen  shall  be  members  of  the  first  grade;  all  such 
members  who  shall  have  served  for  less  than  three  years  and 
more  than  one  year  on  such  force  shall  be  members  of  the  second 
grade,  and  all  other  members  of  the  police  force  who  are  pati'ol- 
men  shall  on  their  appointment  become  members  of  the  third 
grade.  There  shall  also  be  established  a  veteran  grade,  which 
shall  consist  of  such  members  of  the  police  force  of  the  rank 
of  patrolmen  as  shall  have  become  from  age  or  other  causes 
incapable  of  severe  or  prolonged  physical  exertion.  The  annual 
salary  of  patrolmen  of  the  first  grade  shall  be  nine  hundred  dol- 
lars, of  patrolmen  of  the  second  grade  eight  hundred  dollars,  of 
the  thii'd  grade  seven  hundred  dollars  and  of  the  veteran  grade 
six  hundred  dollars.  All  of  said  salaries  shall  be  paid  monthly 
by  the  Chamberlain  of  said  city,  to  each  person  entitled  thereto, 
in  modes  to  bo  prescribed  by  the  rules  and  regulations  of  the 
board,  subject  to  such  deductions  each  month  from  the  salai-y  or 
pay  of  the  members  of  said  police  force  as  the  board  shall  make 
to  satisfy  fines  imposed  on  any  member  of  said  force  by  way  of 
discipline  or  punishment  and  as  prescribed  by  the  rules  and  regu- 
lations of  said  board.  The  members  of  the  veteran  grade  shall 
be  assigned  to  the  performance  of  such  duties  as  shall  not 
require  great  physical  exertion  or  endurance,  and  nothing  in  this 
act  contained  shall  pi'event  the  assignment  of  members  of  the 
present  police  force  to  such  grade,  whenever  in  the  judgment  of 
the  Board  of  Police  Commissioners  the  efficiency  of  the  police 
force  will  be  promoted  by  such  change. 

CAs  amended  by  chapter  298,   Laws  of  1885,  sec.   5;    chapter  '143, 
Laws  of  1886,  sec.  1,  and  by  chapter  99,  Laws  of  1892,  sec.  6.) 


City  of  Albany.  341 

Rewards  and  presents. 

§  39.  The  Board  of  Police,  for  meritorious  and  extraordinary  ser- 
vices rendered  by  any  member  of  the  police  force  in  the  due  dis- 
charge of  his  duty,  may  permit  any  member  of  the  police  force 
to  retain,  for  his  own  benefit,  any  reward  or  present  tendered  him 
therefor;  and  it  shall  be  cause  of  removal  from  said  force  for 
any  member  thereof  to  receive  any  such  reward  or  present  with- 
out giving  notice  thereof  to  the  board.  Upon  receiving  such 
notice  the  said  board  may  either  order  said  member  to  retain  the 
same  or  pay  it  over  to  the  Chamberlain  of  said  city. 

Fines,  fees,  etc.,  payable  to  Chamberlain. 

§  40.  All  fines  imposed  by  the  board  upon  members  of  the  police 
force  by  way  of  discipline,  and  collectible  from  pay  or  salary, 
and  all  rewards,  fees,  proceeds  of  gifts  and  emoluments  that  may 
be  paid  and  given  for  account  of  extraordinary  services  of  any 
member  of  the  police  force  (except  when  allowed  to  be  retained 
by  such  member),  and  all  moneys  remaining  for  the  space  of  one 
year  in  the  hands  of  the  property  clerk,  arising  from  the  sale  of 
unclaimed  goods,  and  all  proceeds  of  suits  for  penalties  under 
this  act,  shall  be  paid  over  to  the  Chamberlain  of  said  city  oi 
Albany. 

Property  Clerk,  duties  of. 

§  41.  All  property  or  money  alleged  or  supposed  to  have  been 
feloniously  obtained,  or  which  shall  be  lost  or  abandoned,  and 
which  shall  thereafter  be  taken  into  the  custody  of  any  member 
of  said  police  force  or  of  any  criminal  court  in  the  city  of  Albany, 
or  which  shall  conio  into  the  custody  of  any  police  justice  within 
said  city  of  Albany,  shall  be  by  such  member  or  justice,  or  by 
order  of  said  court,  given  into  the  custody  of,  and  be  kept  by, 
the  property  clerk  of  said  city;  and  all  such  property  and  money 
shall  be  particularly  registered  by  said  pi'operty  clerk,  in  a  book 
kept  for  that  purpose,  which  shall  contain  also  a  record  of  the 
names  of  the  persons  from  whom  such  property  or  money  was 
taken,  the  names  of  the  claimants  thereof,  the  time  of  the  seizure, 
and  any  final  disposition  of  such  property  or  money. 

Detained  property,  how   delivered. 

1.  Whenever  pniporty  or  nionoy  shall  be  taken  from  persons 
arrested,  and  shall  be  alleged  to  have  been  feloniously  obtained, 


342  Laws  ReIjATing  to  the 

or  to  be  the  proceeds  of  crime,  and  whenever  brought  with  the 
claimant  thereof  and  the  person  arrested  before  some  magistrate 
for  adjudication,  and  the  magistrate  shall  be  then  and  there 
satisfied  from  evidence  that  the  person  arrested  is  innocent  of  the 
ofifense  alleged,  and  that  the  property  rightfully  belongs  to  such 
person,  then  said  magistrate  may  thereupon,  in  writing,  order 
such  property  or  money  to  be  returned  to  such  person,  and  the 
property  clerk  (if  he  have  it)  to  deliver  such  property  or  money 
to  the  accused  person  himself,  and  not  to  any  attorney,  agent  or 
clerk  of  such  accused  person. 

2.  If  any  claim  to  the  ownership  of  such  property  or  money 
shall  be  made,  on  oath  before  the  magistrate,  by  or  on  behalf 
of  any  other  person  than  the  person  so  arrested,  and  the  said 
accused  person  shall  be  held  for  trial  or  examination,  such  prop- 
erty or  money  shall  remain  in  the  custody  of  the  property  clerk 
until  the  discharge  or  conviction  of  the  person  accused. 

How  disposed  of. 

3.  All  property  or  money  taken  on  suspicion  of  having  been 
feloniously  obtained,  or  of  being  the  proceeds  of  crime,  and  for 
which  there  is  no  other  claimant  than  the  person  from  whom  the 
same  was  taken,  and  all  lost  property  coming  into  the  possession 
of  any  member  of  said  police  force  and  all  property  and  money 
taken  from  pawnbrokers  as  the  proceeds  of  crime,  or  by  any  such 
member  taken  from  persons  supposed  to  be  insane,  intoxicated, 
or  otherwise  incapable  of  taking  care  of  themselves,  shall,  as 
soon  as  practicable,  be  transmitted  to  the  property  clerk  of  said 
police  force,  to  be  duly  registered  and  advertised  for  the  benefit 
of  all  persons  and  parties  interested,  and  for  the  information 
of  the  public  as  to  the  amount  and  disposition  of  the  property 
so  taken  into  custody  by  the  police. 

When  to  be  advertised  and  sold. 

4.  All  property  and  money  that  shall  remain  in  the  custody  of 
the  property  clerk  for  the  period  of  six  months  without  any  law- 
ful claimant  thereto,  after  having  been  three  times  advertised 
in  the  three  official  neswpapers  of  said  city,  shall  be  disposed  of 
as  follows:  Such  property  shall  be  sold  at  public  auction,  accord- 
ing to  the  tenor  of  such  advertising,  and  the  proceeds  of  such 
sale  shall  be  paid  over  to  the  Chamberlain  of  said  city  of  Albany. 


CiTT  OF  Albany.  343 

How  used  as  evidence. 

5.  If  any  propertj-  or  money  placed  in  the  custody  of  the 
property  clerk  shall  be  desired  as  evidence  in  any  police  or  other 
criminal  court,  such  property  shall  be  delivered  to  any  officer 
who  shall  present  an  order  to  that  effect  from  such  court.  Such 
property  shall,  however,  not  be  retained  in  said  court,  but  shall 
be  returned  to  said  property  clerk  to  be  disposed  of  as  herein- 
before provided. 

City  ordinances  to  be  enforced. 

§  42.  Said  board  of  police  shall  at  all  times  cause  the  ordinances 
of  the  city  of  Albany,  not  in  conflict  with  the  provisions  of  this 
act,  to  be  properly  enforced;  and  it  shall  be  the  duty  of  said 
board  at  all  times  when  consistent  with  the  rules  and  regulations 
of  the  board  and  with  the  requirements  of  this  act,  to  furnish  all 
information  desired. 

OflBcers  for  District  Attorney,  how  appointed. — Oaths  of  officers. 
Their  powers. — Expenses  and  salaries. — Expenses,  how 
paid. 

§  43.  The  District  Attorney  of  the  county  of  Albany  shall  have 
the  power  to  appoint  two  persons  to  discharge  the  business  per- 
taining to  his  office.  The  appointments  shall  be  in  writing  under 
the  hand  and  seal  of  the  District  Attorney  and  shall  be  filed  in 
the  Clerk's  office  of  Albany  county,  and  such  appointments  shall 
continue  during  the  pleasure  of  the  District  Attorney.  The  per- 
sons thus  appointed  shall,  before  they  enter  upon  the  discharge 
of  their  duties,  take  an  oath  well  and  faithfully  to  perform  such 
duties  to  the  best  6t  their  ability,  which  oaths  shall  be  taken 
before  the  Clerk  of  Albany  count y,  or  his  deputy,  and  the  same 
shall  be  filed  in  the  Clerk's  office.  The  persons  thus  appointed 
shall  be  under  the  direction  and  control  of  the  District  Attorney. 
They  shall  have  all  the  powers  granted  to  a  sergeant  of  police 
under  this  act,  and  shall  have  power  and  it  is  hereby  made  their 
duty,  to  serve  all  criminal  or  other  process,  and  all  bench  war- 
rants and  other  papers,  in  any  and  all  parts  of  the  State,  which 
may  be  issued  by  the  said  District  Attorney.  Any  member  of  the 
police  force  hereby  created  shall  also  have  power  to  serve  any 
of  the  above-mentioned  papers  or  process,  or  warrants,  when 
issued  by  such  District  Attorney.  The  officers  whose  appointment 
is  provided  for  in  this  section  shall  each  receive  a  salarv  of 


344  Laws  Relating  to  the 

twelve  hundred  dollars  annually,  which  salary  shall  be  paid  in 
the  same  manner,  and  at  the  same  time,  as  the  salaries  of  the 
police  force  hereby  created.  Eacli  of  such  above  mentioned  per- 
sons shall  be  allowed  his  necessary  and  actual  traveling  expenses, 
necessarily  and  actually  incurred  while  traveling  on  official  busi- 
ness under  the  direction  of  the  District  Attorney.  The  amount  of 
such  expenses  shall  be  sworn,  by  the  person  incurring  them,  to 
have  been  actually  and  necessarily  incurred  while  traveling  on 
official  business  under  the  direction  of  the  District  Attorney,  who 
shall  also  certify  to  the  facts  of  such  direction.  The  amount  of 
such  traveling  expenses,  when  thus  certified  and  sworn  to,  shall 
be  paid,  upon  presentation  of  the  bill  therefor,  in  the  same  man- 
ner as  the  salaries  of  such  persons.  On  or  before  the  first  iNIon- 
day  of  December  next  the  Chamberlain  of  the  city  of  Albany 
sliall  report  to  the  Board  of  Supervisors  the  amount  of  such 
salaries  and  expenses  paid  under  the  provisions  of  tliis  section, 
which  sum  shall  be  audited  by  the  board  and  paid  by  the  County 
Treasurer  to  the  said  Chamberlain  of  the  city  of  Albany,  and  such 
sum  thus  paid  shall  be  a  county  charge.  And  also  on  or  before 
said  first  Monday  of  December  next,  and  thereafter  annually, 
the  said  Chamberlain  shall  report  to  the  said  Board  of  Supervisors 
the  amount  that  will  probably  be  necessary  to  be  paid  for  such 
salaries  and  expenses  during  the  then  coming  year,  which  amount 
shall  then  be  levied  and  assessed  and  collected  in  the  same  man- 
ner as  other  county  charges,  and  shall  be  paid  by  the  County 
Treasurer  to  the  Chamberlain  of  the  city  of  Albany.  The  amounts 
thus  paid  to  the  Chamberlain  shall  not  be  used  or  appropriated  by 
him  for  any  other  purpose  whatever  than  the  payment  of  such 
salaries  and  expenses.  The  Chamberlain  shall  keep  a  .iust  and 
full  account  of  all  moneys  paid  to  and  expended  by  him  under 
the  provisions  of  this  section,  and  shall  keep  vouchers. 

Repeal  of  former  laws. — Capital  police  force,  how  long  to  con- 
tinue. 
§  44.  All  statutes,  parts  of  statutes,  ordinances  and  provisions 
of  law  inconsistent  with  the  provisions  of  this  act  are  hereby 
repealed,  together  with  all  modes,  qualifications,  appointments  to 
office  as  members  of  the  police  department,  or  of  election  to  office 
therein,  inconsistent  with  the  provisions  of  this  act,  so  far  as 
these  statutes  relate  to  the  city  of  Albany.  And  the  police  force 
of  said  city  of  Albany,  under  whatever  name  the  same  may  ue 


City  of  Albany.  345 

now  known  or  called,  is  hereby  abolished,  except  as  herein  other- 
wise provided.  But  the  members  of  the  present  capital  police 
within  the  city  of  Albany  shall  continue  to  do  duty  under  the 
laws  existing  before  the  passage  of  this  act  until  the  said  Board 
of  Police  Commissioners  hereby  created  shall  cause  a  notice  of 
its  organization  to  be  served  upon  the  resident  Capital  Police 
Commissioner  and  Advisory  Commissioner  of  said  city  of  Albany, 
and  upon  each  officer  and  member  of  the  police  force  of  said  city, 
by  delivering  to  or  leaving  with,  or  at  the  residence  of  such,  a 
copy  of  the  same;  after  which  time  the  office  and  duties  of  all 
persons  not  serving  or  receiving  their  appointment  as  members 
or  officers  of  the  police  force  of  the  city  of  Albany  under  and  in 
pursuance  of  the  provisions  of  this  act  shall  absolutely  cease  and 
terminate.  For  all  moneys  paid  out  by  him,  and  at  the  time 
above  specified,  in  each  year,  he  shall  make  a  full  report  to  the 
Board  of  Supei-A'isors  of  the  amount  received  and  expended  by 
him  under  the  provisions  of  this  section,  giving  items  and  dates, 
and  when  called  upon,  producing  vouchers  therefor.  The 
accounts  of  the  Chamberlain,  under  this  section,  shall  also  be 
open  to  inspection  by  the  Board  of  Supervisors  or  a  committee 
thereof. 

Assembly  districts  not  to  be  changed. 

§  45.  The  assembly  districts  of  the  county  of  Albany  shall  be 
and  remain,  until  changed  or  altered  by  law,  as  they  were  before 
the  passage  of  this  act,  and  nothing  herein  contained  shall  be 
taken  as  intended  to  make  any  change  or  alteration  in  the  limits 
of  said  districts. 

TITLE  XIII. 
Repealed. 

§  1.  All  acts  and  parts  of  acts  inconsistent  and  in  conflict  with 
this  act  are  hereby  repealed,  but  such  repeal  shall  not  affect  any 
legal  proceedings  commenced  under  such  conflicting  acts. 

§  2.  This  act  shall  take  effect  immediately. 

SrxTioN  -I.  <  iivPTKii  20S.  Laws  OF  IS-."). 

Police  Board  to   appoint  patrolmen   to  act  at  Police   Court. — 
Powers. — Traveling  expenses. 

§  3.  The  said  Police  Board  shall  appoint  and  designate,  from 
time  to  time,  with  power  at  all  times  of  revocation  and  further 


346  Laws  E elating  to  the 

appointment,  not  to  exceed  four  patrolmen  to  attend  the  police 
court  of  the  city  of  Albany,  wlio  sliall  have  all  the  powers  respec- 
tively granted  by  law  to  a  sergeant  of  police,  and  who  shall  have 
power  and  it  is  hereby  made  their  duty,  to  serve  all  criminal  and 
other  process,  and  all  warrants  and  other  papers,  in  any  and  all 
parts  of  the  State,  that  may  be  issued  by  said  Police  Court  or  the 
justices  thereof,  or  either  of  them.  Any  member  of  the  police 
force  of  tlie  police  district  to  which  the  city  of  Albany  shall  per- 
tain, shall  also  have  power  to  serve  any  of  the  above-mentioned 
papers  or  process  or  warrant,  wlien  issued  by  said  Police  Court  or 
the  justices  thereof,  or  either  of  them;  the  necessary  and  actual 
traveling  expenses,  necessarily  and  actally  incurred  while  travel- 
ing on  official  business,  under  the  direction  of  said  Police  Court  or 
said  police'  justices,  or  either  of  tlieiii,  or  Chief  of  Police,  shall  be 
sworn  to  by  the  persou  incurring  them  to  have  been  actually  and 
necessarily  incurred  while  traveling  on  official  business,  as  afore- 
said; said  expenses,  when  audited  and  alloAved  by  said  Police 
Board,  shall  be  paid  in  the  same  manner  as  the  salaries  of  said 
persons. 


CHAPTER  278  OF  THE  LAWS  OF  1872. 

An  Act  making  further  provisions  as  to  the  Police  Department  of 
the  city  of  Albany. 
Passed  April  18,  1872;    three-fifths  being  present. 

The  People  of  the  State  of  New  Fork,  represented  in  Senate  and 
Assembly,  do  enact  as  follows: 

Mayor  to  be  President  of  Board. 

Section  1.  The  Mayor  of  the  city  of  Albany  shall  be,  ex  officio, 
a  Police  Commissioner  of  said  city,  witli  like  powers  as  the  other 
eommissiouors,  and  he  shall  l)e  I'res'dent  of  the  Board  of  Police 
Commissioners. 

Police  Commissioners  may  be  removed  by  Common  Council 
for  cause. 
§  2.  Any  of  the  Police  Commissioners  may  be  removed  by  a  reso- 
lution of  the  Common  Council  of  said  city,  if  two-thirds  of  all  the 
members  elected  to  said  Common  Council  concur  therein;  but  no 
removal  shall  be  made  by  virtue  of  this  section  unless  the  cause 
thereof  shall  be  entered  on  the  minutes  of  the  board,  and  unless 


City  of  Albaxy.  347 

the  party  complained  of  shall  have  been  served  with  a  copy  of 
the  charges  against  him,  and  shall  have  had  an  opportunity  of 
being  heard  on  the  question  of  removal.  The  yeas  and  nays  shall 
be  entered  on  the  minutes. 

Vacancies,  how  filled. 
§  3.  [Repealed  by  chapter  99,  Laws  of  1892,  §  7.] 

(The  remaiiiini;  provision  of  thi.<  act  was  repealed  by  chapier  29H,  Laws  of  1(<85.) 


CHAPTER  299  OF  THE  LAWS  OF  1885. 

An  Act  to  establish  a  Puli<e  Pension  Fund  for  tlie  city  of  Albany. 
Passed  May  21,  1885;    three-fifths  being  present. 

The   People  of  the   State  of  New    York,   represented    in   Senate    and 
Assembly,  do  enart  hk  foUoics: 

Trustees  of  Police  Pension  Fund. — Powers  and .  duties  of. — 
Rules,  etc. — Report. 
Section  1.  The  Mayor  of  the  city  of  Albany  for  the  time  being 
(and  his  successors  in  office),  the  Police  Commissioners  of  the  city 
of  Albany  for  the  time  being  (and  their  successors  in  office),  and 
the  Chamberlain  of  the  city  of  Albany,  for  the  time  being  (and  his 
successors  in  office),  shall  constitute  a  board  of  trustees  of  the 
Police  Pension  Fund  hereinafter  mentioned.  The  Mayor  of  the 
city  of  Albany  shall  be  president  of  said  board,  and  the  Secretary 
of  the  Board  of  Police  Commissioners  of  the  city  of  Albany  shall 
be  secretary  of  said  board  of  trustees  of  the  Police  Pension  Fund. 
The  Chamberlain  of  the  city  of  Albany  shall  be  the  treasurer  of 
said  Police  Pension  Fund.  Such  board  of  trustees  shall  have 
charge  of  and  administer  said  fund,  and  from  time  to  time  invest 
the  same,  or  any  part  thereof,  as  they  shall  deem  most  beneficial 
to  said  fund,  and  are  empowered  to  make  all  necessary  contracts 
and  take  all  necessary  and  proper  action  and  proceedings  in  the 
premises  and  to  make  payments  from  said  fund  of  pensions 
granted  in  pursuance  of  this  chapter.  The  said  trustees  shal? 
from  time  to  time  establish  such  rules  and  regulations  for  the 
administration  of  the  Police  Pension  Fund  as  they  may  deem  best 
They  shall  report  in  detail  the  condition  of  the  fund  at  the  close 
of  each  fiscal  year  of  the  Police  Department,  through  their  secre- 
tary, to  the  Common  Council,  and  said  report  shall  be  published 
with  the  annual  report  of  the  Police  Department.    No  payments 


348  Laws  Relating  to  the 

whatever  shall  be  allowed  or  made  by  said  trustees  as  rewards, 
gratuities,  or  compensation  to  any  person  for  salary  or  services 
rendered  to  or  for  said  board  of  trustees. 

Of  what  fund  to  consist. 
§  2.  The  Police  Pension  Fund  shall  consist  of 

1.  All  fines  imposed  upon  members  of  the  police  force  by  the 
Board  of  Police  Commissioners; 

2.  All  rewards,  fees,  gifts,  testimonials  and  emoluments  pre- 
sented, paid  or  given  to  any  member  of  tlie  police  force  for  or  on 
account  of  police  services,  except  such  as  has  been  or  shall  be 
allowed  by  the  Board  of  Police  to  be  retained  by  such  member; 

3.  All  moneys  paid  for  special  services  of  policemen  at  balls, 
parties,  weddings,  excursions  or  picnics;    and 

4.  All  lost  or  stolen  money  remaining  in  the  hands  of  the 
property  clerk  for  the  space  of  one  year,  and  for  whicht  here 
shall  be  no  lawful  claimant;  and  moneys  arising  from  the  sale 
by  the  said  property  clerk  of  unclaimed  property. 

Powers  of  Police  Board  as  to  pensions,  how  exercised. 

§  3.  The  Board  of  Police  Commissioners  shall  have  power  in  its 
discretion,  by  the  concurrent  vote  of  four  members  of  said  board, 
to  retire  and  dismiss  from  membership  in  the  said  police  force 
and  thereupon  grant  pensions  as  hereinafter  provided,  to  any 
member  of  the  police  force  of  said  city  who  shall  have  become 
disabled  physically  or  mentally,  or  so  advanced  in  age  as  to  be 
unfit  for  police  duty,  and  by  the  concurrent  vote  of  four  members 
of  said  board,  to  widows  and  orphans  of  such  members,  to  be 
paid  from  the  Police  Pension  Fund  by  the  board  of  trustees 
thereof  as  follows: 

As  to  widows  of  members  of  police  force. — Proviso  as  to  chil- 
dren. 
1.  To  the  widow  of  any  member  of  the  police  force  who  shall 
have  been  killed  while  in  the  actual  performance  of  duty,  or  shall 
have  died  from  the  effects  of  any  injury  received  whilst  in  the 
actual  discharge  of  such  duty,  or  who  has  died,  or  who  shall 
hereafter  die  after  ten  years  of  service  in  the  police  force  of  the 
city  of  Albany,  if  there  be  no  child  or  children  under  eighteen 
years  of  age  of  any  such  member,  the  sum  of  not  exceeding  two 
hundred  and  fifty  dollars  per  annum;  but  if  there  be  any  such 


City  of  Albany.  349 

child  or  children  of  suoh  member  under  the  age  aforesaid,  then 
the  said  sum  may  be  divided  between  such  widow,  child  or  chil- 
dren in  such  proportions  and  in  such  manner  as  the  said  board 
may   direct. 

To  minor  children. 

2.  To  any  child  or  children  under  eighteen  years  of  age  of  such 
member  killed  or  dying  as  aforesaid,  or  pensioner  as  aforesaid, 
but  leaving  no  widow,  or  if  a  widow,  then  after  her  death,  to 
such  child  or  children  being  yet  under  eighteen  years  of  age,  a 
sum  not  exceeding  two  hundred  and  fifty  dollars  per  annum. 

To  certain  superannuated,  insane  or  disabled,  of  police  force. — 
Limitation. 

3.  To  any  such  member  of  said  police  force  who  shall,  after 
ten  years  membership,  become  superannuated  by  age,  perma- 
nently insane,  or  mentally  incapacitated,  or  disabled,  physically, 
or  mentally,  so  as  to  be  unfitted  and  unable  to  perform  full  police 
duty  by  reason  of  such  disability  or  disease,  contracted  without 
misconduct  on  his  part,  if  such  person  shall  have  served  in  the 
police  force  for  ten  years  and  upwards,  a  sum  not  less  than  two 
hundred  and  fifty  and  not  exceeding  five  hundred  dollars  per 
annum  and  if  such  person  shall  have  served  in  the  police  force 
for  twenty  years  and  upwards  a  sum  of  not  less  than  one-half 
the  full  salary  or  compensation  of  such  member  so  retired,  pro- 
vided, however,  that  no  pension  granted  under  the  provisions  of 
this  section  shall  exceed  the  sum  of  one  tliousand  dollars  per 
annum. 

(As  amended  by  chapter  442,  Laws  of  1886,  sec.  1,  and  by  chap- 
ter 521,  Laws  of  1887,  sec.  1.) 

§  4.  [Repealed  by  chapter  521,  Laws  of  1887,  §  2.] 

To  widows  to  terminate  on  remarriage;  to  children  at  eighteen 
years  of  age. 
§  5.  Pensions  to  widows  shall  terminate  when  the  widow  shall 
remarry,  and  pensions  to  children  shall  terminate  whenever  the 
children  shall  respectively  arrive  at  the  age  of  eighteen  years. 
The  Board  of  Polico  may.  in  its  discretion,  order  any  pension 
granted,  or  any  pai't  thereof,  to  cease,  except  in  the  case  of 
members  of  the  police  force  retired  after  twenty  years'  service, 
as  provided  in  the  last  preceding  section,  but  in  all  such  cases 


350  Laws  Relating  to  the 

the  said  board  sli.ill  tile  Avitli  tlH>  trustees  of  the  Police  Pens'on 
Fund!  a  writeii  .statt'iiu-iit  of  the  causes  whicli  determined  thoni 
in  ordering  any  pension  to  so  cease,  and  nothing  herein  contained 
shall  reiidor  the  granting  or  payment  of  such  pension  obligatory 
on  the  Board  of  I'olicc,  or  upon  the  trustees  of  the  Police  I'cusion 
Fund,  or  chargeable  as  a  matter  of  right  upon  said  I'olice  I'en- 
sion  Fund,  except  as  provided  in  tlie  last  preceding  section. 

Only  to  be  granted  on  surgeon's  certificate. 

§  6.  No  member  of  the  police  force  shall  be  awarded,  granted 
or  paid  a  pension  on  account  of  physical  or  mental  disability  or 
disease,  unless  upon  the  certificate  of  the  surgeon  of  the  Police 
Department,  AA'hich  shall  set  forth  the  cause,  nature  and  extent 
of  the  disability,  disease  or  injury  of  each  member  of  the  police 
force  wiio  may  be  placed  upon  the  pension-roll,  and  said  certifi- 
cate shall  distinctly  state  whether  or  not  such  disability,  disease 
or  injury  was  incurred  or  sustained  by  said  member  of  the  police 
force  in  the  performance  of  police  duty,  and  such  certificate  shall 
in  each  case  be  filed  Avith  and  entered  upon  the  minutes  of  the 
Board  of  Police. 

§  7.  This  act  shall  take  effect  immediately. 


CHAPTER  772. 
An  Act  in  relation  to  tlie  Police  Justices  of  the  city  of  Albany. 

Accepted   by    the   city. 

Became  a  law  May  27,  1895,  with  the  approval  of  the  Governor. 
Passed,   three-fifths  being  present. 

The  Peoj)le  of  tlie  State  of  Neic  York,  represented  in  Senate  and 
Assembly,  do  enact  as  folloics  : 

Section  1.  The  term  of  office  of  the  Police  Justices  of  the  city 
of  Albany,  elected  in  the  year  eighteen  hundred  and  ninety-four, 
is  hereby  abridged  so  as  to  expire  on  the  last  day  of  December, 
eighteen  hundred  and  ninety-seven.  The  term  of  office  of  the 
Police  Jtistice  of  the  city  of  Albany,  elected  in  the  year  eighteen 
hundred  and  ninety-two,  is  hereby  abridged  so  as  to  expire  on 
the  last  day  of  December,  eighteen  hundred  and  ninety-five. 

§  2.  At  the  election  in  said  city,  held  on  the  Tuesday  succeed- 
ing the  first  Monday  in  November,  eighteen  hundred  and  ninety- 
five,  a  Police  Justice  of  the  Police  Court  of  the  city  of  Albany 


City  of  Albany.  351 

shall  ln'  elected  in  said  city  as  other  city  officers  are  elected,  who 
shall  hold  his  office  for  the  term  of  four  years,  from  and  after 
the  first  day  of  January  next  succeeding  his  election.  At  the 
election  in  said  city  held  on  the  Tuesday  succeeding  the  first 
Monday  in  November,  eighteen  hundred  and  ninety-seven,  and 
each  second  year  thereafter,  a  Police  Justice  of  the  city  of  Albany 
shall  be  elected  in  said  city  as  other  city  officers  are  elected,  who 
shall  hold  office  for  the  term  of  four  years  from  and  after  the 
first  day  of  January  next  succeeding  his  election. 

§  3.  All  acts  or  parts  of  acts  inconsistent  with  the  provisions  of 
this  act  are  hereby  repealed. 

§  4.  This  act  shall  take  effect  immediately. 


352  Laws  Relating  to  the 


Title   IV. 

RELATING  TO  THE  FIRE  COMMISSIONERS  AND 
FIRE   DEPARTMENT. 


CHAl'TKK  197  OF  THE  LAWS  OF  1867. 

An  Act  to  ivorgauizt'  the  Fire  Di'pMrtiiu'ut  of  the  city  of  Albany. 

Passed  March  29,  1867;    three-flfths  being  present. 

The    People  of  the   State  of  Neic    York,   represented  in   Senate  and 
Assembly,   do  enact  an  foUotcs: 

Fire  Commissioners. — How  chosen. — Terms  of  oflace. — Annual 
appointment  of  Commissioner. — Vacancies. 
Section  1.  The  Common  Council  of  the  city  of  Albany  shall 
appoint  five  citizens,  residents  of  the  said  city,  to  be  Fire  Com- 
missioners of  said  city,  with  whom  the  Mayor  of  said  city  shall, 
ex  officio,  be  associated  as  a  Fire  Commissioner  also  of  said  city, 
and,  together,  they  and  their  successors  in  office,  hereinafter  pro- 
vided for,  shall  form  a  Board  of  Fire  Commissioners  in  and  for 
said  city,  with  the  powers  and  duties  hereinafter  imposed.  Said 
Fire  Commissioners  shall  be  chosen  by  said  Common  Council  by 
ballot,  and  no  ballot  cast  shall  contain  the  name  of  more  than 
one  candidate,  and  the  persons  receiving  the  five  highest  num- 
bers of  votes  cast,  respectively,  shall  be  and  be  declared  to  be 
duly  appointed,  and  shall  hold  the  said  office  immediately  from 
and  after  their  appointment,  which  shall  be  made  as  soon  as 
may  be  after  the  passage  of  this  act,  as  follows:  One  until  one 
year,  one  until  two  years,  one  until  three  years,  one  until  four 
years,  and  one  until  five  years  from  the  first  Monday  in  June 
next,  eighteen  hundred  and  sixty-seven,  the  terms  for  which  they 
shall  serve,  respectively,  to  be  fixed  by  themselves,  by  lot;  and 
annually  thereafter,  on  the  first  Monday  of  June,  in  each  year,  in 


City  of  Albany.  353 

place  of  the  commissioner  whose  term  shall  then  expire,  there 
shall  be  appointed,  by  said  Common  Council,  one  person,  a  resi- 
dent of  said  city,  to  be  such  Fire  Commissioner  and  member  of 
said  board  for  the  term  of  five  years,  and  the  said  Common 
Council  shall  also  fill,  by  ballot,  all  vacancies  in  unexpired  terms 
in  said  Board  of  Fire  Commissioners;  and  where  there  shall 
exist  two  or  more  vacancies  at  one  time,  no  ballot  shall  contain 
more  than  one  name,  and  the  candidates,  to  the  number  of  the 
vacancies  to  be  filled,  who  shall  receive  the  highest  plurality  of 
the  votes  cast,  shall  be  and  be  declared  to  be  duly  appointed. 

(Under  the  charter  of  the  city  (title  IV,  section  19),  the  Fire  Com- 
missioners are  appointed  by  tlie  Mayor,  and  the  Common  Council  has 
the  power  of  confirmation   or  rejection) 

President  and  Secretary. — Quorum. 

§  2.  The  Mayoi-  of  said  city  shnll  be,  ex  officio,  Fresident  of  said 
Board  of  Fire  Commissioners,  and  said  Board  of  Fire  Commis- 
sioners shall  appoint,  from  among  themselves,  a  Secretary,  who 
shall  also  act  as  Clerk  of  the  department  created  by  this  act,  and 
shall  fix  the  rate  of  his  compensation,  subject  to  the  approval  of 
the  Common  Council,  but  the  remainder  of  said  commissioners 
shall  serve  without  pay  or  emolument.  Four  members  of  said 
board  shall  constitute  a  quorum  for  the  transaction  of  business 
at  all  regular  meetings,  and  the  decision  of  a  majority  of  a 
quorum  present  at  any  such  meeting  shall  stand  as  the  decision 
of  the  board,  except  as  provided  in  section  four  of  this  act. 

Chief   Engineer,    etc. — Steam    fire    engine    companies. — Ofllcers 
and  firemen. — Hook  and  ladder  companies. — What  to  con- 
stitute    Fire     Department,    etc. — Tenure     of     office,    etc. — 
Increase  of  number  of  companies. 
§  3.    For  the  extinguishment  of  fires  in   said   city,   the   said 
Board  of  Fire  Commissioners  shall  from  time  to  time,  appoint 
from  the  exempt  or  active  firemen  of  said  city,  one  Chief  Engi- 
neer, and  four  Assistant  Engineers,  to  serve  for  two  years,  unless 
sooner  removed  for  cause,  and  shall  prescribe  their  duties,  except 
as  provided  in  section  six  of  this  act;    and  there  shall  be  eight 
steam  fire  engine  companies,  with  steam  fire  engines,  hose  and 
apparatus  complete,  to  be  drawn  by  horses  to  be  provided  for 
that  purpose;    said  companies  to  be  numbered  respectively,  one, 
two,  three,  four,  five,  six,  seven  and  eight,  and  to  have  a  comple- 
ment of  men  each,  to  be  appointed  by  said  Board  of  Fire  Com- 

23 


854  t  Laws  Relating  to  the 

missioners,  as  follows:  One  enginoman.  one  fireman  and  one 
driver  to  be  permanently  employed;  and  one  foreman  of  hose 
and  not  to  exceed  eight  other  men,  to  do  duty  when  alarmed,  and 
serve  with  or  without  pay,  as  the  Common  Council  shall  here- 
after determine.  There  shall  also  be  two  hook  and  ladder  com- 
panies, witli  vehicles  and  apparatus  complete,  to  be  drawn  by 
liorses  to  be  provided  for  that  purpose;  and  said  companies  to.be 
numbered  respectively,  one  and  two,  and  to  have  a  complement 
of  men  each,  to  be  appointed  by  said  Board  of  Fire  Commis- 
sioners, as  follows,  namely:  One  driver  and,  if  necessary,  one 
tillerman,  to  be  permanently  employed,  and  one  foreman  and  not 
to  exceed  twelve  other  members  to  do  duty  when  alarmed,  and 
serve,  with  or  without  pay,  as  the  Common  Council  shall  here- 
after determine.  The  persons  to  be  appointed  to  the  several  posts 
of  fire  duty  hereinbefore  provided,  including  the  Chief  and 
Assistant  Engineers,  shall  be  known  as  the  firemen  of  the  city  of 
Albany,  and  together  with  said  board,  shall  constitute  the  Fire 
Department  of  said  city,  and  shall  hold  their  respective  places 
and  appointments  under  said  board  during  good  beliavior;  and 
the  said  Board  of  Fire  Commissioners  shall  fix  the  rates  of  their 
compensation,  subject  to  the  provisions  and  limitations  in  this 
act  contained;  and  they  shall  not  be  removed  by  said  Board  of 
Fire  Commissioners,  except  for  cause,  and  after  a  reasonable 
opportunity  to  be  heard  in  their  defense.  The  Common  Council 
may,  from  time  to  time,  by  a  two-third  vote  of  all  the  members 
thereof,  direct  the  said  Board  of  Fire  Commissioners  to  increase 
the  number  of  companies  hereinbefore  provided  for;  and  such 
additional  companies  shall,  in  all  respects,  be  organized  and 
maintained  pursuant  to  the  provisions  of  this  act. 
(As  aanended  by  chapter  3S2,  Laws   of  1882.) 

Powers  and  duties  of  Fire  Commissioners. 

§  4  The  said  Board  of  Fire  Commissioners  shall  have  the  con- 
trol and  management  of  the  said  Fire  Department,  its  officers 
and  men;  and  shall  prescribe  the  rules  for  its  discipline  and 
government;  and  the  said  Board  of  Fire  Commissioners  shall 
also  have  the  control  and  management  of  the  public  property 
now  pertaining  to  the  Fire  Department  of  said  city,  and  that 
shall  hereafter  pertain  to  the  department  created  by  this  act,  and 
shall  from  time  to  time,  in  their  sound  discretion,  add  to,  acquire, 
and,  subject  to  the  approval  of  the  Common  Council,  sell  or  dis- 


City  of  Albany.  355 

pose  of  said  property,  both  real  and  personal,  as  the  provisions 
of  this  act  and  the  exigencies  of  the  department,  not  inconsistent 
with  this  act,  may  require;  and  shall  pay  over  to  the  City  Cham- 
berlain all  moneys  that  may  come  into  their  hands,  immediately 
after  the  receipt  of  the  same.  The  said  Board  of  Fire  Commis- 
sioners are  also  hereby  invested  with  all  discretionary  powers 
necessary  to  the  faithful  execution  of  this  act,  including  the 
proper  selection  and  location  of  all  needful  buildings  and  offices, 
and  the  complete  equipment  of  the  several  companies  with  horses, 
engines,  vehicles  and  other  apparatus,  and  by  a  two-third  vote 
of  all  the  members  of  the  said  board  shall  prescribe,  control  and 
regulate  the  expenditures  of  every  kind  of  the  department  created 
by  this  act;  provided,  nevertheless,  anything  in  this  act  to  the 
contrary  notwithstanding,  that  in  case  of  any  proposed  expendi- 
ture, not  including  repairs  and  supplies,  but  including  the 
schedule  of  compensation  to  be  established  for  the  employes  of 
the  department,  and  any  increase  therein,  the  same  shall  first  ho 
presented  by  .said  bunnl  to  tlie  Common  Council  for  th<ir 
approval  of  the  same.  If  the  said  Common  Council,  upon  a  call 
of  the  ayes  and  noes,  shall,  by  a  vote  of  the  majority  of  all 
the  members  elected  thereto,  approve  of  the  same,  then  it  shall  be 
lawful  for  said  Board  of  Fire  Commissioners  to  incur  or  contract 
said  expenditure,  otherwise  it  shall  not  be  lawful  for  it  to  do  so. 
(As  ajnended  by  chapter  5G3,   Laws  of  1874.) 

Chamberlain  to  pay  bills  incurred. 

§  5.  The  Chamberlain  of  the  city  of  Albany  shall  audit  and  pay 
the  bills  contracted  or  incurred  by  said  Board  of  Fire  Commis- 
sioners under  the  provisions  of  this  act,  upon  production  of  their 
warrant  therefor,  signed  by  at  least  four  of  said  commissioners, 
with  the  proper  vouchers  attached,  and  the  moneys  required  for 
the  said  department  shall  be  raised,  as  heretofore,  by  tax,  as 
a  part  of  tlie  current  expenses  of  said  city. 

Duty  of  Chief  Engineer. 

§  6.  The  Chief  Engineer,  or  while  he  shall  be  absent  the 
Assistant  Engineer  who  shall  be  first  at  any  fire,  shall  have  sole 
direction  and  control  of  the  firemen,  hose,  trucks,  vehicles  and 
apparatus  of  the  department  during  the  existence  of  such  fire; 
always  provided,  nevertheless,  that  he  shall  be  subject,  to  and 
sliall  obey,  and  cause  to  be  obeyed  by  the  firemen  under  his 


356  Laws  Relating  to  the 

direction,  the  lawful  authority  of  the  Mayor  iu  case  of  riot  or 
otlier  public  disturbauce. 

Report  of  Commissioners  to  Common  Council. 

§  7.  The  said  Board  of  Fire  Comuiissioners  shall,  when  required 
by  the  Common  Council,  report  to  them  the  condition  of  the 
department,  and  on  or  before  the  lirst  day  of  November,  in  each 
year,  shall  report  in  detail  to  said  Common  Council  the  receipts 
and  expendiures  of  said  department,  with  other  matters  pertain- 
ing thereto  of  public  interest,  including  a  complete  inventory  of 
all  the  property  under  their  charge;  and  said  report  shall  also 
exhibit  a  particular  statement  of  all  tire  alarms  and  fii-es  which 
have  occurred  in  said  city  during  the  preceding  year,  together 
with  the  causes  of  all  such  fires,  as  far  as  the  same  shall  have 
been  ascertained.  It  shall  also  exhil)it  a  particular  statement 
of  all  losses  caused  by  such  fires,  and  of  all  insurance  thereon. 
It  shall  also  show  the  amount  of  hose  which  shall  have  been  used; 
the  sources  whence  the  supply  of  water  was  derived;  the  number 
and  names  of  all  companies  under  their  direction;  tlic  n.-iincs  <>t 
all  members  and  otficers  of  such  companies;  the  names  of  all 
persons  in  the  employ  of  said  board  and  the  compensation  paid 
to  them,  and  a  statement  of  all  expenses  paid  or  incurred  under 
the  direction  of  said  board  during  the  year,  and  shall  set  forth 
other  information  relating  to  the  Fire  Department  as  to  the  board 
shall  seem  important. 

By  and  against  whom  actions  are  to  be  brought. 

§  8.  Causes  of  action  upon  contract,  or  for  damages  arising  out 
of,  or  pertaining  or  incident  to,  the  official  administration  of  the 
department  created  by  this  act,  shall  be  brought  directly  by  and 
against  the  Mayor,  Aldermen  and  commonalty  of  the  city  of 
Albany;  and  the  said  Board  of  Fire  Commissioners  shall  not  be 
sued,  as  such,  except  to  compel  or  resti-ain  the  performance  of 
acts  proper  to  be  compelled  or  restrained,  under  and  not  within 
the  discretion  intended  to  be  conferred  by  this  act. 

Removal  of  Commissioners  from  office. 

§  9.  The  Common  Council,  by  a  two-thirds  vote  of  all  the 
members  thereof,  may,  in  case  of  misconduct,  remove  from  ofiice 
the  said  commissioners,  or  any  of  them,  and  declare  their  places 
vacant. 


City  of  Albany.  357 

Repeal  of  laws. 

§  10.  Chapter  one  huiidn'd  and  ninety-four  of  laws  of  this 
State,  passed  April  six,  eiglitoen  hundred  and  sixty,  and  all  acts 
amendatory  thereof;  also  section  fifty-four  of  chapter  eighty-two 
of  tlie  laws  of  this  State,  passed  Marcli  thirty-one,  ei^ihtcen 
hundred  and  fifty-nine;  also  all  existing  ordinances  and  regu- 
lations of  the  Common  Council  of  the  city  of  Albany,  relative  to 
the  l^'ire  Department  of  said  city,  are  hereby  repealed. 

Discharge  of  present  firemen. 

§  11.  Until  the  organization  under  this  act  shall  be  put  in 
working  order,  the  present  fire  companies  shall  do  duty  at  all 
fires  that  may  occur,  as  heretofore;  and  thereafter,  upon  notice 
from  the  Board  of  Fire  Commissionei'S,  the  Common  Council 
shall,  by  resolution,  naming  them  therein,  honorably  discharge 
the  members  of  the  department  hereby  abrogated  from  further 
duty  as  firemen,  and  such  discharge  shall  entitle  the  firemen  so 
discharged  to  all  privileges  and  immunities  of  firemen  exempt 
by  law. 

Chief  Engineer  to  inquire  into  causes  of  fires. — To  issue  war- 
rants for  witnesses. — Refusal  to  testify  a  misdemeanor. — 
Penalty. — Chief  Engineer  to  certify  conclusion  to  Police 
Justice. — To  return  evidence  to  next  criminal  court. 
§  12.  The  Chief  Engineer  of  the  Fire  Department  is  hereby 
empowered  to  inquire  into  the  cause  or  origin  of  any  fire  that  may 
occur  in  said  city  of  Albany;  and  for  that  purpose  the  said  Chief 
Engineer  is  hereby  authorized  to  examine  any  person  or  persons 
on  oath,  and  to  issue  his  warrant  for  the  attendance  of  witnesses, 
returnable  either  forthwith  or  at  such  place  and  time  within  said 
city  as  he  shall  appoint  therein,  under  which  warrant  it  shall  be 
the  duty  of  the  said  Chief  Engineer  to  cause,  and  if  necessary,  to 
compel,  the  witness  or  witnesses  to  whom  said  warrant  sliall  be 
directed,  to  appf-ar  before  said  Chief  Engineer,  as  in  said  warrant 
prescribed,  on  any  such  investigation;  and  any  willful  evasion  of 
such  process,  or  willful  refusal  to  testify,  shall  lie  deemed  to  be 
a  misdemeanor,  and,  upon  conviction  thereof  liy  any  court  of 
competent  jurisdiction,  the  offender  shall  be  punished  by  a  fine 
not  exceeding  five  hundred  dollars,  or  by  imprisonment  In  the 
county  jail  or  penitentiary  not  exceeding  six  months,  or  by  both 
such  fine  and  imprisonment.    If  it  shall  appear  to  the  satisfaction 


358  Laws  Relating  to  thr 

of  said  Chief  Engineer,  upon  any  such  investigation,  that  any 
building  in  said  city  has  boon  willfully  burned  or  fired,  and  if  tlie 
party  or  parties  charged  with  the  offense  be  not  in  custody,  the 
said  Chief  Engineer  shall  certify  his  conclusion  upon  the  evidence 
to  one  of  the  Police  Justices  of  said  city,  who  shall  cause  the 
party  or  parties  charged  to  be  forthwitli  arrested  upon  the 
charge.  The  testimony  taken  upon  every  such  investigation 
where  there  shall  be,  in  the  judgment  of  the  said  Chief  Engineer, 
reasonable  grounds  to  believe  that  any  building  within  said  city 
has  been  willfully  burned  or  fired,  shall  be  returned  by  him  to  the 
next  criminal  court  of  i-ecord  having  jurisdiction  in  cases  of 
felony  that  shall  be  held  in  the  county  of  Albany. 
(As  amended  by  chapter  47,  Laws  of  1872.) 
§  13.  This  act  shall  take  effect  immediately. 


CHAPTER  173  OF  THE  LAWS  OF  1883. 

An  Act  to  incorporate    the    Fund    for    the   Relief  of   Disabled 
Firemen  of  the  city  of  Albany. 
Passed  April  2,  1883;    three-fifths  being  present. 

The  People  of  the  State  of  New  York,  represented  in  Senate  and 
Assembly,   do  enact  as  follows  : 

Fund  for  disabled  firemen. — Deductions  from  pay  of  members 
of  force  to  belong  to  fund. — City  Chamberlain  to  receive 
foreign  fire  insurance  tax. — Corporation  created. — Corpo- 
rate name  and  officers. — Duty  of  Treasurer. — Property 
authorized  to  be  held  as  relief  fund. — Annual  report  to 
Common  Council. — How  printed. 
Section  1.  The  Fund  for  the  Relief  of  Disabled  Firemen  of  the 
city  of  Albany  shall  consist  of: 

First. — The  capital,  interest,  income,  dividends,  securities,  cash 
deposits  and  credits  formerly  or  now  belonging  to  said  fund. 

Second. — All  forfeitures  and  fines  imposed  by  the  Board  of  Fire 
Commissioners  from  time  to  time  upon  any  officer,  member  oi 
other  employe  of  the  Fire  Department  by  way  of  discipline. 

Third.— All  rewards  in  money,  fees,  gifts,  testimonials  and 
emoluments  that  may  be  given  or  paid  for  account  of  extra- 
ordinary services  by  any  officer,  member  or  other  employe  of  the 
Fire  Department  except  such  as  have  been,  or  shall  be,  allowed 


City  OF  Albany.  359 

by  the  Board  of  Fire  Commissioners  to  be  retained  by  said 
officer,  member  or  other  employe. 

Fourth. — All  penalties  imposed  under  the  laws  and  ordinances 
of  the  city  of  Albany,  relating  to  buildings  and  for  the  prevention 
of  fires,  and  all  license  fees  payable  under  the  same. 

All  moneys,  pay,  compensation  or  salary,  or  any  part  thereof, 
forfeited,  deducted  or  withheld  from  any  officer,  member  or  other 
employe  of  the  Fire  Department,  for  or  on  account  of  absence 
from  duty,  failure  to  attend  fires,  answer  to  roll-call  or  breach  of 
discipline,  shall  be  received  by  the  Chamberlain  of  the  city  of 
Albany,  as  treasurer  of  said  Fund  for  the  Relief  of  Disabled 
Firemen,  and  the  Board  of  Fire  Commissioners  are  authorized 
and  empowered  in  their  discretion  to  deduct  and  withhold  the 
pay,  compensation  or  salary  from  any  .officer,  member  or  other 
employe  of  the  Fire  Department  for  or  on  acount  of  such  absence 
from  duty,  except  when  such  absence  shall  be  occasioned  by 
sickness  or  other  causes  for  which  leave  of  absence  shall  have 
been  granted,  in  accordance  Avitli  the  rules  of  the  Fire 
Depai-tment. 

And  the  Chamberlain  of  the  city  of  Albany,  as  treasurer  of  said 
Fund  for  the  Relief  of  Disabled  Firemen,  for  and  on  behalf  or 
the  uses  and  purposes  of  said  fund,  shall  receive,  and  there  shall 
be  paid  to  him,  annually,  two  per  cent  of  tax  on  receipts  of  all 
foreign  fire  insurance  companies  doing  business  in  the  city  of 
Albany.  And  in  default  of  payment,  the  Chamberlain  of  the  city 
of  Albany,  as  such  treasui'er,  shall  sue  for  in  any  court  of  record 
within  this  State,  the  tax  provided  for  to  be  paid  in  this  act,  and 
the  amount  so  received  shall  be  applied  to  and  for  the  uses  and 
purposes  of  said  fund. 

The  Mayor,  the  Fire  Commissioners  and  Chief  of  the  Fire 
Department  of  the  city  of  Albany,  for  the  time  being,  and  their 
successors  in  office,  are  constituted,  and  shall  continue  to  be  and 
constitute,  a  body  corporate,  under  the  name  and  designation  of 
"  The  Trustees  of  the  Fund  for  the  Relief  of  Disabled  Firemen 
of  the  City  of  Albany."  They  shall  organize  as  such  board  \)\ 
choosing  from  their  number  a  president,  and  by  appointing  a 
clerk;  and  the  Chamberlain  of  the  city  of  Albany  shall  be  the 
treasurer  of  said  trustees,  who  shall  receive  all  moneys  applicable 
to  the  same,  and  shall  deposit  the  same,  as  such  treasurer,  to  the 
credit  of  the  said  relief  fund,  in  savings  banks  or  trust  com- 
pa'nies  to  be  selected  by  said  trustees,  as  soon  as  received,  or  to 


"860  Laws  Relating  to  the 

invest  the  same  on  bond  and  mortgage  on  improved  property, 
certified  in  vpriting  by  ttie  City  Assessors  of  said  city  to  be  wortli 
twice  tlie  amount  loaned,  or  in  public  stocks,  as  said  trustees  may 
deem  most  advantageous  for  tlie  object  of  such  fund;  and  the  said 
trustees  are  empowered  to  make  all  necessary  contracts,  and  to 
take  all  necessary  remedies  in  the  premises,  and  the  Chamberlain, 
as  such  treasurer,  for  and  on  behalf  of  the  uses  and  purposes  of 
said  fund,  shall  receive,  and  there  shall  be  paid  to  him  as  such 
treasurer,  all  duties,  taxes,  allowances,  fines,  penalties  and  fees 
to  which  the  Relief  Fund  of  the  Fire  Department  of  the  city  of 
Albany,  or  at  any  time  heretofore  established,  has  been  or  is  now 
entitled;  and  the  Chamberlain  of  the  city  of  Albany,  as  such 
treasurer,  may  take  by  gift,  grant,  devise  or  bequest,  any  money, 
real  or  personal  property,  or  other  valuable  thing  for  the  benefit 
of  the  oflicers,  m(Mnboi"s  or  other  employes  of  the  Albany  Fire 
Department  or  their  families  requiring  assistance.  The  property 
so  held  shall  be  known  as  the  Fund  for  the  Relief  of  Disabled 
Firemen  of  the  city  of  Albany,  the  annual  income  of  which  shall 
not  exceed  fifty  thousand  dollars  in  the  whole,  provided  that  the 
sum  of  one  hundred  thousand  dollars,  which  may  be  received  and 
accumulated  under  the  provisions  of  this  act,  shall  be  reserved 
and  retained  as  a  permanent  fund,  the  annual  income  of  which 
may  be  made  available  for  the  uses  and  purposes  of  said  fund. 
The  Chamberlain  of  the  city  of  Albany,  as  treasurer  of  said 
trustees,  shall  keep  accurate  books  of  account  thereof  and  report 
to  the  Common  Council  of  the  city  of  Albany  the  condition  of  said 
funds,  the  cash  and  the  securities,  if  any,  held  therefor,  and  the 
disbursements  thereof.  The  trustees  shall,  from  time  to  time, 
establish  such  rules  and  regulations  for  the  proper  administi*ation 
of  said  funds  as  they  may  deem  best.  The  treasurer's  report  and 
all  matters  pertaining  thereto  of  public  interest  shall  be  printed 
in  the  annual  report  of  the  Fire  Department. 

(As  amended  by  chapter  411,  Laws  of  1886,  sec.  1.) 

Fire  Commissioners  may  retire  certain  disqualified  employes. — 
Annual  pension  from.  Relief  Fund. — Amount  of  allowance 
or  pension,  and  conditions  thereof. — Allowance  to  widows 
and  children,  in  certain  cases. — Funeral  expenses. 

§  2.  The  Board  of  Fire  Commissioners  shall  have  the  power, 
by  a  majority  vote,  to  retire  from  all  service  in  the  said  Fire 
Department,    or  to   relieve   from  service   at  fires,   any   oflficer. 


City  of  Albany.  361 

member  or  other  employe  of  the  said  Fire  Department  who  shall 
have  served  in  the  said  Fire  Department  for  the  period  of  not 
less  than  ten  years'  active  and  continuous  service,  and  who  may, 
upon  an  examination  directed  to  be  made  by  the  Fire  Commis- 
sioners by  the  Fire  Department  physician,  be  found  to  be 
disqualified,  physically  or  mentally,  for  the  performance  of  his 
duties;  and  the  said  oflacer,  member  or  other  employe  so  retired 
from  service  shall  receive  from  the  said  Relief  Fund  an  annual 
allowance  as  a  pension  in  case  of  the  total  disqualification  for 
service,  or  as  compensation  for  limited  service,  in  case  of  partial 
disability.  In  every  case  the  said  Board  of  Fire  Commissioners 
are  to  determine  the  circumstances  thereof,  and  said  pension  or 
allowance  so  allowed  is  to  be  in  lieu  of  any  salary  received  by  such 
oflficer,  member orother  employe  at  the  date  of  his  being  so  relieved 
or  retired  from  fire  duty  in  said  Fire  Department,  and  the  said 
Fire  Department  shall  not  be  held  liable  for  the  payment  of  any 
claim  or  demand  for  services  thereafter  rendered,  and  the  amount 
of  such  pension  or  allowance  shall  be  determined  upon  the 
following  conditions:  In  case  of  total  permanent  disability, 
caused  in  or  induced  by  the  actual  performance  of  the  duties  of 
his  position,  which  may  occur  after  ten  years'  active  and  contin- 
uous service  in  the  said  Fire  Department,  the  amount  of  annual 
pension  to  be  allowed  shall  be  one-half  of  the  annual  compen- 
sation allowed  such  officer,  member  or  other  employe  as  salary 
at  the  date  of  his  retirement  from  the  service,  or  such  less  sum  in 
proportion  to  the  number  of  officers,  members  or  other  employes 
so  retired,  as  the  condition  of  the  fund  will  warrant.  In  case  of 
the  total  permanent  disability,  not  caused  in  or  induced  by  the 
actual  performance  of  the  duties  of  his  position,  which  shall  have 
occurred  after  the  expiration  of  twenty  years'  active  and  contin- 
uous service  in  the  said  Fire  Department,  the  amount  of  annual 
pension  to  be  allowed  shall  be  one-half  of  the  annual  compen- 
sation allowed  such  officer,  member  or  other  employe  as  salary 
at  the  date  of  his  retirement  from  the  service,  or  in  proportion  to 
the  number  of  officers,  members  or  other  employes  so  retired,  as 
the  condition  of  the  fund  will  warrant.  In  case  of  partial  perma- 
nent disability,  caused  in  or  induced  by  the  actual  performance 
of  the  duties  of  his  position,  which  may  occur  after  ten  years' 
active  and  continuous  service  in  the  said  Fire  Department,  the 
officer,  member  or  other  employe  so  disabled  shall  be  relieved 
from  active  service  at  fires,  but  shall  remain  a  member  of  the 


3(52  La  ws  Relating  to  the 

Fire  Department,  subject  to  the  rules  governing  said  department 
and  to  tlie  performance  of  such  light  duties  as  the  Fire  Depart- 
ment physician  may  certify  him  to  be  qualified  to  perform;  and 
tlie  allowance  to  bo  paid  such  officer,  member  or  other  employe 
shall  be  one-half  of  the  annual  compensation  allowed  as  salary  at 
the  date  of  his  being  so  relieved,  or  such  less  sum  in  proportion 
to  the  number  of  officers,  members  or  other  employes  so  retired 
as  the  condition  of  the  fund  will  warrant;  in  case  of  partial 
permanenet  diability,  not  caused  in  or  induced  by  the  actual 
performance  of  the  duties  of  his  position,  which  may  occur  after 
twenty  years'  active  and  continuous  service  in  the  said  Fire 
Department,  the  officer,  member  or  other  employe  so  disabled 
shall  be  relieved  from  active  service  at  fires,  but  shall  remain  a 
member  of  the  Fire  Department,  subject  to  the  rules  governing 
said  department,  and  to  the  performance  of  such  light  duties  as 
the  Fire  Department  physician  may  certify  liim  to  be  (lualified  to 
perform,  and  the  annual  allowance  to  be  paid  such  officer,  member 
or  other  employe  shall  be  one-half  of  the  annual  compensation 
allowed  as  salary  at  the  date  of  his  being  so  relieved,  or  such 
less  sum  in  proportion  to  the  number  of  officers,  members  or 
otlier  employes  retired  as  the  condition  of  the  fimd  will  warrant; 
if  any  officer,  member  or  other  employe  of  the  said  Fire  Depart- 
ment, or  retired  or  relieved  officer,  member  or  other  employe  of 
the  same,  shall  die  or  be  killed  while  in  the  service  of  the  same, 
or  while  so  retired  or  relieved,  and  shall  leave  a  widow  or 
children,  the  sum  of  five  hundred  dollars,  or  so  much  thereof  as 
the  trustees  may  in  their  discretion  determine,  or  as  the  condition 
of  the  fund  will  warrant,  shall  be  paid  to  such  Avidow  or  children, 
and  if  there  be  no  widow  or  children,  then  the  said  sum  of  five 
hundred  dollars,  or  so  much  thereof  as  the  trustees  may  in  their 
discretion  determine,  or  as  the  condition  of  the  fund  will  warrant, 
shall  be  applied  by  the  trustees  toward  his  funeral  expenses. 
(As  amended  by  chapter  411,  Laws  of  1886,  sec.  2.) 

Amount  to  be  paid  present  members  who  have  served  ten  years. 
§  3.  All  officers,  members  and  other  employes  who  are  now 
connected  with  the  Albany  Fire  Department,  and  who  have 
served  ten  years'  active  and  continuous  service  in  the  said  depart- 
ment, shall  receive  the  amount  of  annual  pension  of  one-half  of 
the  annual  compensation  allowed  such  officer,  member  or  other 
employe  as  salary  at  the  date  of  his  retirement,  or  such  less  sum 


City  of  Albany.  363 

ill  proportion  to  tlie  number  of  officers,  members  or  other 
employes  so  retired,  as  the  condition  of  the  fund  will  warrant, 
and  shall  be  entitled  to  all  the  privileges  and  shall  be  eligible  and 
subject  to  the  provisions  of  any  and  all  trusts  w^hich  may  be 
created  by  this  act. 

Deductions  from  monthly  pay  for  insurance  fund. 

§4.  There  shall  be  deducted  from  the  monthly  pay  of  each 
officer,  member  or  other  employe  of  said  Fire  Department,  and 
from  the  monthly  pension  of  retired  officers,  members  or  other 
fiiiployos  of  said  department,  the  monthly  sum  of  one  dollar, 
uiiich  shall  be  received  and  held  by  the  trustees  of  the  Relief 
Fund  herein  created  in  tlie  like  manner  aslhe  other  moneys  herein 
provided  to  be  paid  to  them,  and  which  shall  be  known  as  the 
Albany  Fire  Department  Insurance  Fund;  and  in  case  of  t<ie 
death  of  any  officer,  member  or  other  employe  of  said  depart- 
ment, in  the  service  thereof,  or  of  any  pensioned  or  retired  officer, 
member  or  other  employe  of  said  department,  and  so  contributing, 
there  shall  be  paid  to  the  widow  or  children,  or  if  there  be  no 
widow  or  children,  then  to  the  legal  representatives  of  such 
deceased  officer,  member  or  other  employe  or  pensioned  or  retired 
officer,  member  or  other  employe,  who  he  may  designate,  the  sum 
of  not  loss  than  five  hundred  or  more  than  one  thousand  dollars 
out  of  the  moneys  so  assessed,  in  the  discretion  of  the  trustees; 
and  in  case,  by  the  reason  of  the  number  of  deaths,  the  aggre- 
gate amount  of  moneys  so  provided  to  be  assessed  and  collected 
should  prove  inadequate  to  make  such  payments,  then  tlie 
assessment  may,  in  the  discretion  of  said  trustees,  be  increased 
to  the  sum  of  two  dollars  in  each  month's  pay  or  each  month's 
pension  of  pensioned  or  retired  officers,  members  or  other 
employes  of  said  department. 

(Added  by  chapter  332,  Laws  of  1885,  sec.  4.) 

Resignation  or  dismissal,  effect  of. — Rights  of  such  employes 
continuing  to  make  monthly  payments. 

§  5.  Any  officer,  member  or  other  employe  of  said  Fire  Dei^art- 
ment  who  may  resign  or  be  discharged  from  said  Fire  Department 
shall  forfeit  all  rights  and  privileges  under  this  act,  and  shall 
not  be  entitled  to  any  of  the  benefits  hereinbefore  provided  for, 
except  that  any  officer,  member  or  other  employe  who  may  here- 
after leave  the  Fire  Department  may  avail  himself  of  the  privi- 


364  Laws  Relating  to  the 

leges  and  provisions  of  section  four  of  said  act  by  malting  a 
monthly  payment  to  the  trustees  of  such  amount  as  the  sahl 
trustees  have  designated;  but  any  such  person  not  in  the  employ 
of  the  Fire  Department  who  shall  fail  to  pay  such  amount  within 
the  time  designated  by  said  trustees,  shall  forfeit  all  claim  to  any 
portion  of  said  Insurance  Fund  or  benefit  to  be  derived  therefrom. 

(Added  by  chapter  332,  Laws  of  1885,  sec.  4,  and  as  amended  by 
chapter  411,   Laws  of  1886,   sec.   3.) 

§  6.  This  act  shall  take  effect  immediately. 


CHAPTER  611  OF  THE  LAWS  OF  1893. 

An  Act  to  provide  for  the  distribution  of  moneys  raised  by  public 
subscription  for  the  benefit  of  the  families  of  certain  deceased 
firemen  of  the  city  of  Albany. 

Approved   by   tlie  Governor  May  5,  1893.     Passed,   three-fifths  being 
present. 

The   People  of  the   State  of  Neio    York,   represented   in  Senate  and 
Assembly,  do  enact  as  follows: 

Trustees  of  fund. — Payment  over  of  moneys  to  trustees. — Col- 
lection of  moneys. 
Section  1.  Dennis  A.  Ronan,  Albert  P.  Stevens,  Rufus  K. 
Townsend  and  William  J.  Walker,  all  of  the  city  of  Albany,  art 
hereby  constituted  trustees  of  the  fund  raised  by  public  sub- 
scription for  the  benefit  of  the  families  of  Charles  E.  Marshall, 
John  W.  Bridgeford,  Frederick  Amthor  and  Bernard  Bamer, 
members  of  the  Fire  Department  of  the  city  of  Albany,  who  were 
killed  while  in  the  performance  of  their  duty  at  the  Fort  Orange 
Milling  Company  fire,  on  the  nineteenth  day  of  December, 
eighteen  hundred  and  ninety-two.  And  the  said  Rufus  K.  Town- 
send,  who  was  appointed  by  the  Mayor  of  the  city  of  Albany 
treasurer  of  such  fund,  is  hereby  directed  to  turn  over  all  moneys 
in  his  hands  belonging  to  said  fund  to  the  trustees  herein  men- 
tioned; and  said  trustees  are  hereby  authorized  to  sue  for,  and 
collect,  in  any  court  of  competent  jurisdiction,  any  moneys  which 
may  have  been  contributed  by  the  public  for  such  purpose  and 
which  may  be  in  the  hands  of  any  person  or  persons. 


i'lTT  OF  Albany.  365 

Investment  and  distribution  thereof. 

§  2.  The  said  trustees  shall  receive  and  receipt  for  all  such 
moneys,  and  shall  invest  the  same  as  in  their  judgment  sliall  be 
proper,  and  shall,  from  time  to  time,  in  their  discretion,  pay  over 
to  the  widows  and  next  of  kin  of  said  deceased  firemen  the 
income  and  principal  of  such  fund,  in  such  manner  and  amounts 
as  shall  in  their  judgment  be  for  their  best  interests. 

§  3.  Tliis  act  sliall  take  effect  immediately. 


366  Laws  II elating  to  'iee 


Title  V. 

RELATING  TO  I50AUD  OF  PUBLIC  INSTRUCTION. 


CHAPTER  444  OF  THE  LAWS  OF  1866. 

All  Act  to  create  a  Board  of  Fublic  Instruction  in  tlio  city  of 
Albany;  to  establish  free  scliools  therein,  and  amendatory  of  tlie 
several  acts  relating  to  the  district  schools  in  said  city. 

Passed  April  7,  1S66;    three-fifths  being  present. 

TlLe  People  of  the  Slate  of  New  York,  represented  in  Senate  and 
Assembly,   do  enact  as  follows : 

Section  1.  Within  fifteen  days  after  the  passage  of  this  act  the 
Mayor  of  the  city  of  Albany  shall,  by  a  written  appointment 
to  be  filed  with  the  Clerk  of  the  Common  Council,  appoint  seven 
citizens,  residents  of  the  city  of  Albany,  to  be  members  of  the 
Board  of  Public  Instruction  of  the  city  of  Albany,  and  their 
respective  terms  of  otfice  shall  be  as  follows:  One  commissioner  to 
hold  oflace  until  January  one,  eighteen  hundred  and  ninety-four; 
one  commissioner  to  hold  ollice  until .Jnuuary  one,  eighteen  hundred 
and  ninety-five;  one  commissioner  to  hold  ofQce  until  January  one, 
eighteen  hundred  and  ninety-six;  one  commissioner  to  hold  office 
until  .Tanuary  one,  eighteen  hundred  and  ninety-seven;  one  com- 
missioner to  hold  office  until  January  one,  eighteen  hundred  and 
ninety-eight;  one  commissioner  to  hold  oflice  until  January  one, 
eighteen  himdred  and  ninety-nine,  and  one  commissioner  to  hold 
office  until  .January  one,  nineteen  hundred.  On  the  third  Wednes- 
day of  November,  eighteen  hundred  and  ninety-three,  and  on  the 
third  W^ednesday  of  November  in  each  year  thereafter,  the  Mayor 
shall  appoint  one  citizen  of  the  city  of  Albany,  to  be  member  of 
the  Board  of  Public  Instruction  of  the  city  of  Albany,  to  take  the 
place  of  the  commissioner  whose  term  shall  expire,  as  herein- 
before provided,  and  such  appointee  shall  hold  office  for  a  period 


City  of  Albany.  367 

of  seven  years  and  until  a  successor  sliall  be  appointed.  The  term 
of  office  of  the  present  Comiuissiouers  of  the  Board  of  Public 
Instruction  shall  end  and  their  official  functions  cease,  and  such 
Board  of  Public  Instruction  abolished  Avithin  ten  days  after  the 
passage  of  this  act. 

(As  amended  by  chapter  100,  Laws  of  1892,  sec.  1.) 

§  2.  [Repealed  by  cliapter  100,  Laws  of  1892,  §8.] 
§  3.  The  members  of  said  board  shall  hold  their  first  meeting 
within  five  days  after  their  appointment  by  the  Mayor,  as  pro- 
vided in  section  one,  or  as  soon  thereafter  as  may  be,  for  the 
purpose  of  organization.  They  shall  thereupon  appoint  one  of 
their  number  President,  who  shall  exercise  all  the  powers  usually 
incident  to  such  office.  They  shall  also  appoint  a  suitable  person, 
other  than  a  member  of  their  body.  Superintendent  of  Schools  in 
the  city  of  Albany,  who  shall  exercise  all  such  powers  and  shall 
discharge  all  such  duties  as  the  board  shall,  from  time  to  time, 
direct,  and  shall  be  allowed  such  compensation  for  his  services 
as  the  said  board  may,  at  any  time,  determine,  not,  however,  to 
exceed  in  rate  the  sum  of  three  thousand  dollara  per  annum. 
The  board  shall  also  appoint  a  suitable  person,  other  than  a 
member  of  their  body,  as  Clerk,  who  shall  exercise  such  powers 
and  shall  discharge  all  such  duties  as  the  board  shall,  from  time 
to  time,  direct,  and  shall  be  allowed  such  compensation  for  his 
sei-vices  as  the  board  may,  at  any  time,  determine,  not,  however, 
to  exceed  in  rate  the  sum  of  one  thousand  dollars  per  annum.  The 
said  board  shall  also  appoint  a  suitable  person,  other  than  a 
member  of  their  body.  Superintendent  of  Buildings  and  Repairs, 
who  shall  exercise  such  powers  and  perform  such  duties  as  the 
said  board  shall,  from  time  to  time,  direct.  The  said  Superin- 
tendent of  Buildings  shall  be  allowed  such  compensation  for  his 
services  as  the  said  board  may,  at  any  time,  determine,  not, 
however,  to  exceed  in  rate  the  sum  of  one  thousand  five  hun- 
dred dollars  per  annum.  The  said  board  shall  also  appoint  a 
suitable  person,  other  than  a  member  of  their  body,  as  stenog- 
rapher, who  shall  perform  such  duties  as  the  board  shall,  from 
time  to  time,  direct,  and  be  allowed  such  compensation  as  the 
board  may,  at  any  time,  determine,  not,  however,  to  exceed  in 
rate  the  sum  of  five  hundred  dollars  per  annum. 

(As  amended  by  chapter  11,  Laws  of  1867;    chapter  120,  Laws  of 
1880;    chapter  48,  Laws  of  1887,  sec.  1,  and  by  chapter  100,  Laws 
■     of  1892.  sec.  2.) 


368  Laws  Relatino  to  the 

§  4.  [Repealed  by  chapter  100,  Laws  of  1892,  §  8.] 
§  5.  Any  member  of  said  Board  of  Public  lustructiou  may  be 
removed  from  ofiice  for  cause  by  the  Mayor  of  said  city,  provided, 
always,  that  such  member  shall  be  served  with  a  copy  of  the 
charges  preferred  agaiust  him  aud  notice  of  trial,  not  less  than 
twenty  days  previous  to  the  day  fixed  for  the  hearing  of  the 
matter,  by  leaving  such  copy  and  notice  at  his  residence  in  the 
city,  or  by  sending  the  same  to  his  address  by  mail;  the  accused 
member,  on  his  appearing  before  the  Mayor  for  trial,  shall  have 
the  usual  privileges  in  similar  cases  extended  to  him  in  his 
defense. 

(As  amended  by  chapter  100,  Laws  of  1892,  sec.  3.) 

§  6.  All  vacancies  in  said  board  shall  be  tilled  by  the  Mayor 
of  the  city  of  Albany,  as  hereinbefore  provided;  the  person  so 
appointed  shall  hold  his  office  for  the  remainder  of  the  term  of 
the  person  in  whose  place  he  is  appointed  and  until  a  successor 
shall  be  appointed. 

(As  amended  by  chapter  100,  Laws  of  1892,  sec.  4.) 

Jurisdiction  of  board  and  power. 

§7.  On  aud  after  the  first  day  of  Juno,  in  the  year  one 
thousand  eight  hundred  and  sixty-six,  the  said  Board  of  Public 
Instruction  shall  have  the  control  and  njnnatiement  of  the  several 
public  schools  in  the  said  city  of  Albany,  east  of  the  line  of  Perry 
street,  and  shall  posse-;  s  aud  exercise  all  thi'  powt-rs  now 
conferred  by  law  upon  the  present  Board  of  Education  of  said 
city.  The  said  Board  of  Public  Instruction  shall  have  power,  and 
it  shall  be  their  duty,  to  fix  and  determine  the  different  grades  of 
study  which  shall  be  taught  in  the  various  departments  of  the 
several  schools  under  their  charge,  and  to  change  the  same  from 
time  to  time  as  they  shall  deem  best  to  advance  the  interest  of 
the  schools;  and  also  to  adopt  such  rules  and  regulations  for  the 
administration  and  government  of  the  schools  and  for  the  admis- 
sion of  pupils  to  the  various  departments  herein  as  they  shall 
determine,  with  authority  at  any  time  to  alter  and  amend  the 
same. 

Examination  of  teachers  by  committee  of  board. 

§  8.  The  said  Board  of  Instruction  shall  have  power  to  examine 
all  applicants  for  the  appointment  by  them  as  teachers  in  any  of 
the  schools  under  their  charge;  and  no  person  shall  be  appointed 


City  of  Albany.  369 

and  employed  as  a  teacher  in  either  of  said  schools  (except  In 
cases  of  emergency,  when  a  teacher  may  be  temporarily 
employed),  unless  the  board  shall,  after  such  examination,  con- 
sider him  or  her  well  qualified  to  discharge  the  duties  of  the 
office,  and  shall  give  to  him  or  her  a  certificate  to  that  effect, 
which  certificate  shall  be  signed  on  behalf  of  the  board  by  the 
President  and  Secretary  thereof. 

To  examine  applicants  for  teachers. 

§  9.  For  the  purpose  of  carrying  out  the  provision  of  the  last 
preceding  section  of  this  act,  the  board  may  appoint  a  committee 
from  their  body,  at  any  time,  to  examine  applicants  for  appoint- 
ment as  teachers,  and  the  result  of  such  examination  shall  be 
reported  by  the  committee  to  the  board  for  final  action. 

§  10.  The  said  board  shall  have  power,  at  all  times,  to  fix  the 
term  for  which  any  teacher  sliall  be  appointed;  to  determine  the 
kind  of  class-books  which  are  to  be  used  in  the  several  schools; 
the  books  thus  adopted  shall  be  uniform  throughout  all  the 
schools,  as  near  as  may  be,  and  they  may,  at  any  time,  adopt 
other  books  in  the  place  thereof,  to  supply  the  requisite  class- 
books  and  stationery  for  the  use  of  indigent  pupils;  to  provide 
the  several  schools  under  their  charge  with  the  necessary  school 
apparatus,  maps  and  music  books,  the  expense  thereof  to  be 
defrayed  out  of  the  school  moneys  of  the  city.  To  enact  by-laws 
by  a  majority  vote  of  all  the  members  appointed,  and  to  repeal, 
change  or  modify  the  same  by  a  like  vote;  and  generally  to  pos- 
sess all  the  powers,  to  discharge  all  the  duties  and  to  be  subject 
to  all  the  obligations  heretofore  conferred  and  imposed  upon  the 
several  school  officers  of  the  city  by  the  several  laws  now  in  force 
relative  to  the  public  schools  of  said  city. 

(As  ain ended  by  chapter  100,  Laws  of  1892,  sec.  5.) 

§  11.  Four  members  of  said  board  shall  be  necessary  to  con- 
stitute a  quorum  for  the  transaction  of  business,  and  a  majority 
of  the  members  present  at  any  meeting  shall  be  sufficient  to 
catry  any  measure  or  to  decide  any  question  before  their  body 
for  their  action,  except  as  is  otherwise  provided  in  this  act,  and 
which  is  not  in  conflict  with  the  by-laws  adopted  by  this  board, 
as  stated  in  soction  live  of  this  act.  and  in  oases  of  appointment 
or  dismissal  of  any  teacher  or  officer  of  the  board,  when  it  shall 
require,  in  each  case,  the  affirmative  vote  of  at  least  four 
members  thereof. 

(As  amended  by  chapter  100,  Laws  of  1892,   sec.  6.) 

24 


370  Laws  Rklatixg  to  the 

Schools  free  to  residents. 

§  12.  The  tuition  of  the  pupils  of  the  several  schools  under  the 
charge  of  the  board,  shall  be  free  to  all  persons  who  are  residents 
of  said  city  and  entitled  to  attend  the  same. 

Chamberlain  to  receive  and  hold  school  moneys  and  pay  on 
order  of  Board. — Orders,  what  to  specify,  etc. 
§  13.  The  Chamberlain  of  the  city  of  Albany  shall  continue,  as 
heretofore,  to  hold  and  receive  all  the  school  moneys  of  the  city 
which  now  are  or  may  hereafter  come  into  his  hands, andshall pay 
out  the  same  on  the  orders  of  the  board,  and  he  shall,  as  hereto- 
fore, keep  an  account  in  the  books  of  his  office  with  said  board. 
All  orders  of  the  said  board  on  the  Chamberlain  for  the  payment 
of  money  shall  specify  the  object  for  which  the  payment  is  to  be 
made,  and  shall  be  signed  by  the  President,  and  countersigned  by 
the  Secretary  thereof,  or  by  such  other  officers  or  members 
thereof  as  shall  be  directed  by  said  board  to  sign  or  countersign 
the  same;  but  no  appropriation  of  money  shall  be  made  by  the 
said  board,  nor  any  resolution  adopted  involving  an  appropria- 
tion or  expenditure  of  money,  for  any  purpose,  unless  by  a  vote 
of  two-thirds  of  all  the  members  elected  to  the  said  board,  to  be 
taken  by  yeas  and  nays,  which  vote  shall  be  entered  on  their 

minutes. 

(As  amended  by  chapter  315,  l>aws  of  1875,  and  by  chapter  699, 
Laws  of  1881.) 

§  14.  All  the  office  furniture,  text-books,  stationery  and  school 
apparatus,  as  well  as  all  other  school  property  of  the  city  which 
may  be  in  the  possession  and  under  the  control  and  management 
of  the  present  Board  of  Public  Instruction  of  the  city  of  Albany 
fifteen  days  after  the  passage  of  this  act  shall,  on  and  after  that 
time  be  regarded  as  in  the  possession,  control  and  management 
of  the  said  Board  of  Public  Instruction  of  the  city  of  Albany  as 
organized  under  the  provisions  of  this  act. 

(As  amended  by  chapter  100,  Laws  of  1892,   sec.  7.) 

Report  of  Board  to  Common  Council. 

§  15.  The  said  Board  of  Public  Instruction  shall  report  to  the 
Common  Council  of  the  city,  annually,  and  oftener  if  required  by 
that  body,  the  general  condition  of  the  schools  under  their  charge; 
and  shall  also,  on  or  before  the  first  day  of  November  in  each 
year,  certify  to  the  said  Common  Council,  by  a  majority  of  their 


City  of  A  lb  Ayr.  371 

whole  number,  the  amount  of  money  which  will  be  required  for 
school  purposes  the  ensuing  year,  in  addition  to  the  public  money, 
specifying  the  several  purposes  for  which  the  same  will  be 
required  and  the  amount  for  each;  and  the  Board  of  Supervisors 
of  the  county  of  Albany  shall,  upon  the  requisition  of  the  Com- 
mon Council  of  said  city,  levy  and  collect  the  said  amount  upon 
the  taxable  property  of  said  city  in  the  same  manner  as  other 
taxes  are  levied  and  collected  therein. 

Members  not  to  receive  pay  or  be  interested  in  contracts,  etc. 
§16    No  member   of   said   Board   of    Tublic   Instruction   shall 
receive  any   pecuniary   compensation   for   his   services   as   such 
member;   nor  shall  any  member  thereof  be  directly  or  indirectly 
interested  in  any  contract  entered  into  by  the  board,  nor  shall  he 
be  paid  for  anv  work  done,  nor  for  materials  or  supplies  of  any 
kind  furnished  for  the  use  of  the  schools  or  of  the  board;  and  any 
member  who  shall  violate  either  of  the  provisions  in  this  section 
contained,  shall  forfeit  a  penal  sum    equal    to   three    times    the 
amount  received  by  such  member,  to  be  recovered  with  costs  of 
suit  to  be  brought  in  the  name  of  the  Chamberlain  of  the  cty  of 
Ubany.  whose  duty  it  shall  be  to  prosecute  the  action  for  its 
recoven-  without  delay,  in  any  court  having  jurisdiction  in  the 
premises,  and  the  amount  recovered  by  him  in  such  smt,  after 
paying  the  necessary  expenses  of  the  prosecution  and  collection 
thereof  shall  be  for  the  benefit  of  the  public  schools  of  said  city, 
and  the  same  shall  be  credited  by  him  to  the  said  Board  of  Public 
Instruction  in  their  account  with  the  city  on  the  books  of  his 
office. 
Acceptance  of  certain  offices  to  create  vacancy. 

§  17  If  any  person,  being  at  the  time  a  member  of  the  said 
Board  of  Public  Instruction,  shall  accept  the  office  of  either 
Mayor,  Recorder  or  Alderman  of  said  city,  his  office  as  such 
member  shall  thereupon  become  vacant;  the  vacancy  thus 
created  shall  be  filled  by  appointment  and  election,  in  the  manner 
provided  in  the  sixth  section  of  this  act. 

Repeal  of  certain  sections  of  act  of  1855. 

§  18  The  fourtli  and  fifth  sections  of  chapter  one  hundred  and 
twenty-eight  of  the  Laws  of  eighteen  hundred  and  forty-four,  and 
the  second,  third,  fifth,  and  sixth  sections  of  chapter  five  hundred 


372  Laws  E elating  to  the 

and  sixteen  of  the  Laws  of  eighteen  hundred  and  fifty-five, 
together  with  all  other  acts  and  parts  of  aots  relating  to  the  dis- 
trict or  public  schools  in  the  city  of  Albany,  inconsistent  with  this 
act,  are  hereby  repealed,  except  the  act  entitled  "  An  act  in  rela- 
tion to  common  schools  in  the  city  of  Albany,  west  of  Perry 
street,"  passed  July  eighteen,  eighteen  hundred  and  fifty-three, 
which  act  is  hereby  continued  in  its  original  force  and  effect. 

Vocal  music. 

§  19.  Nothing  in  this  act  contained  shall  be  so  construed  as  to 
prohibit  the  board  from  causing  vocal  music  to  be  taught  in  the 
schools  under  the  charge  of  one  or  more  competent  instructors  to 
be  appointed  by  the  board  for  that  purpose. 


CHAPTER  703  OF  THE  LAWS  OF  1869. 

An  Act  to  enable  the  Board  of  Public  Instruction  in  the  city  of 
Albany  to  obtain  sites  for  school-houses. 

Passed  May  7,  1869;    three-fifths  being  present. 

The  People  of  the  State  of  New  York,  represented  in  Senate  and 
Assembly,    do  enact  as  folloics  : 

Board  may  acquire  title  to  lands  for  school-house  sites. 

Section  1.  Whenever  the  Board  of  Public  Instruction  in  the  city 
of  Albany  shall  have  selected  any  lot  or  lots  in  said  city,  for  the 
purpose  of  erecting  a  school-house  thereon,  and  shall  be  unable 
to  agree  for  the  purchase  of  the  same,  said  board  shall  have  the 
right  to  acquire  title  to  the  same  in  the  manner  and  by  the  special 
proceedings  proscribed  in  this  act. 

Petition  for  appointment  of  Commissioners  of  Appraisal. 

§  2.  For  the  purpose  of  acquiring  such  title,  said  board  may 
present  a  petition  praying  for  the  appointment  of  Commissioners 
of  Appraisal  to  the  Supreme  Court  at  any  General  or  Special 
Term  in  the  Third  District.  Such  petition  shall  be  signed  and 
verified  according  to  the  rules  and  practice  of  the  court  by  the 
president  or  any  member  of  said  board.  It  must  contain  a 
description  of  the  real  estate  which  the  board  seeks  to  acquire, 
and  must  in  effect  state  the  purposes  for  which  such  real  estate 
is  needed;  that  the  same  is  necessary  for  the  purpose  of  building 
a   school-house  thereon;    that  the  board   has  not  been   able  to 


City  of  Albany.  373 

acquire  the  title  thereto,  and  the  reason  of  such  inability,  and 
also  the  names  and  residence  of  the  parties,  so  far  as  the  same 
can  by  reasonable  diligence  be  ascertained,  who  own  or  have  a 
claim  to  own  or  have  estates  or  interests  in  said  real  estate;  and 
if  any  such  persons  are  infants,  their  ages  as  near  as  may  be 
must  be  stated,  and  if  any  such  persons  are  idiots,  or  of  unsound 
mind,  or  are  unknown,  that  fact  must  be  stated,  together  with 
such  other  allegations  and  statements  of  liens  or  incumbrances 
on  said  real  estate  as  the  boai-d  may  see  fit  to  make. 

Copy  of  petition,  how  served. 

§  3.  A  copy  of  such  petition,  with  proof  of  service  of  a  copy 
thereof,  and  of  a  notice  of  the  time  and  place  of  presenting  the 
same,  must  be  served  in  the  manner  and  on  the  persons,  and  for 
the  time  required  by  the  fourteenth  section  of  the  act  entitled 
"  An  act  to  authorize  the  formation  of  railroad  companies,  and 
to  regulate  the  same,"  passed  April  two,  eighteen  hundred  and 
fifty,  and  any  amendments  thereto;  and  thereupon  said  petition 
may  be  presented  to  said  Supreme  Court,  and  such  proceedings 
may  be  had  thereon  as  by  the  said  act  and  amendments  thereto 
are  or  may  be  authorized  in  the  case  of  railroad  companies  desir- 
ing to  acquire  the  title  to  land. 

Title  to  vest  in  city  on  payment  or  deposit  of  award. — Posses- 
sion thereof. 

§4.  On  the  payment  or  deposit  l»y  said  l)oard  of  the  sums  to  be 
paid  as  compensation  for  said  real  estate,  and  for  the  costs, 
expenses  and  counsel  fees  as  may  be  directed  by  the  order  of  the 
said  court,  made  according  to  the  requirements  of  said  act  and 
the  amendments  thereto,  the  title  to  said  real  estate  shall  vest  in 
the  Mayor.  Aldermen  and  commonalty  of  the  city  of  Albany. 
And  said  Board  of  Public  Instruction  shall  be  entitled  to  enter 
upon  and  take  possession  of  said  land,  and  to  use  the  same  for 
school  purposes.  And  all  persons  Avho  have  been  made  parties 
to  the  proceedings  shall  be  divested  of  all  right,  estate  and 
interest  in  said  land  forever.  All  real  estate  so  acquired  under 
and  in  pursuance  of  the  pi'ovisions  of  this  act  shall  be  deemed  to 
be  acquired  for  public  use. 

§5.  All  the  provisions  of  the  aforesaid  act.  and  of  the  amend- 
ments thereto  relating  to  the  proceedings  which  may  be  taken  by 
railroad  companies  to  acquire  title  to  real  estate,  shall  apply,  so 


374  Laws  Relating  to  the 

far  as  the  same  are  applicable,  to  the  proceedings  authorized  by 
this  act. 

§  6.  This  act  shall  take  effect  immediately. 


CHAPTER  500  OF  THE  LAWS  OF  1870. 

An  Act  extending  the  jurisdiction  of  the  Board  of  Public  Instruc- 
tion of  the  city  of  Albany. 

Passed  April  28,  1870;    three-fifths  being  present. 

The  People  of  the  State  of  New  York,  represented  in  Senate  and 
Assembly,    do  enact  as  follows  : 

New  city  territory  to  be  under  control  of  Board  of  Public 
Instruction. 
Section  1.  All  that  portion  of  the  towns  of  Bethlehem  and 
Watervliet  now  embraced  within  the  corporate  limits  of  the  city 
of  Albany,  and  also  that  portion  of  the  city  lying  west  of  Perry 
street,  shall,  for  school  purposes,  from  and  after  the  passage  of 
this  act,  be  under  the  control,  supervision  and  direction  of  the 
Board  of  Public  Instruction  of  the  city  of  Albany,  who  shall  pos- 
sess and  exercise  therein  all  the  powers  now  conferred  by  chapter 
four  hundred  and  forty-four  of  the  Laws  of  eighteen  hundred  and 
sixty-six. 

School  property  and  moneys  therein  vested  in  city. 

§  2.  It  shall  be  the  duty  of  every  person  having  in  his  posses- 
sion, or  under  his  control,  any  moneys  raised  for  school  purposes, 
in  that  portion  of  the  town  or  city  above  described,  to  pay  over 
the  same,  within  thirty  days,  to  the  Chamberlain  of  the  city  of 
Albany,  for  the  use  of  the  Board  of  Public  Instruction,  and  the 
residue  of  the  school  property  in  that  portion  of  the  towns  and 
city  aforesaid  shall  be  transferred  to  and  become  vested  in  the 
corporation  of  the  city  of  Albany. 

Repeal. 

§  3.  All  acts  and  parts  of  acts  inconsistent  with  the  provisions 
of  this  act,  so  far  as  they  relate  to  public  schools  within  the 
present  corporate  limits  of  the  city  of  Albany,  are  hereby 
repealed. 

§  4.  This  act  shall  take  effect  immediately. 


CiTT  OF  Albany.  375 

CHAPTER  312  OF  THE  LAWS  OF  1873. 

An  Act  in  relation  to  the  free  academy  in  the  city  of  Albany. 
Passed  April  26,  1873;    three-fifths  being  present. 

The  People  of  the  State  of  New  York,  represented  in  Senate  and 
Assembly,  do  enact  as  folloics : 

Free  academy  to  be  subject  to  visitation  of  Regents,  etc. 

Section  1.  The  free  academy  established  by  the  Board  of  Public 
Instruction  of  the  city  of  Albany  under  the  provisions  of  chapter 
four  hundred  and  forty-four  of  the  Laws  of  eighteen  hundred  and 
sixty-six,  shall  hereafter  be  subject  to  the  visitation  and  control 
of  the  Regents  of  the  University  the  same  as  the  academic 
departments  of  union  free  schools,  as  provided  by  section  twenty- 
three  of  title  nine,  chapter  five  hundred  and  fifty-five  of  the  Laws 
of  eighteen  hundred  and  sixty-four;  and  said  free  academy  shall 
hereafter  share  in  the  annual  distribution  of  the  literature  fund, 
and  of  all  other  moneys  divided  by  the  Regents  of  the  University, 
in  the  same  manner  and  to  the  same  extent  as  other  academies 
and  the  academic  departments  of  union  free  schools. 

§  2.  This  act  shall  take  effect  immediately. 


CHAPTER  14  OF  THE  LAWS  OF  1875. 

An  Act  to  authorize  the  city  of  Albany  to  issue  its  bonds  to  pro- 
cure means  to  pay  in  part  for  the  erection  of  an  edifice,  for  a 
public  high  school. 

Passed  February  13,  1875;    three-fifths  being  present. 

The  People  of  the  Stale  of  Xeir  York,  represented  in  Senate  and 
Assembly,  do  enact  as  follows  : 

Bonds  of  city  of  Albany  may  issue. — When  payable. 

Section  1.  The  city  of  Albany  is  hereby  authorized  to  issue  its 
bonds  to  the  amount  of  one  hundred  thousand  dollars  to  pay  in 
part  the  expenses  incurred,  and  to  be  incurred  in  the  erection  and 
completion  of  an  edifice  for  a  public  high  school  in  said  city,  the 
said  bonds  to  be  of  the  denomination  of  one  thousand  dollars 
each,  bearing  interest  at  the  rate  of  seven  per  cent  per  annum, 
payable  semi-annually  in  the  city  of  New  York,  with  coupons 
attached  for  the  payment  thereof;    ten  thousand  dollars  of  the 


376  Laws  Uelatjnq  to  the 

principal  to  be  reimbursable  at  the  same  place  at  the  expiration 
of  one  year  from  the  date  of  said  bonds,  and  the  like  amount  in 
each  year  thereafter  until  the  whole  amount  herein  authorized 
and  issued  shall  be  paid  as  hereinafter  provided. 

City  Chamberlain  to  prepare  bonds. — How  executed. — How  sold. 

§  2.  The  Chamberlain  of  the  city  shall,  on  the  requisition  of  the 
Board  of  Public  Instruction  of  said  city,  cause  from  time  to  time 
to  be  prepared  bonds  of  the  city  of  Albany  to  the  amount,  when 
payable  and  of  the  denomination  specified  in  the  foregoing  sec- 
tion, and  when  so  prepared  his  honor  the  Mayor  of  said  city  shall 
sign  the  same  and  affix  thereto  the  corporate  seal,  and  they  shall 
also  be  countersigned  by  the  Chamberlain;  the  said  bonds  when 
prepared,  signed  and  countersigned  as  aforesaid,  shall  be  sold  by 
the  Chamberlain  at  public  auction  to  the  highest  bidder,  but  at  a 
rate  not  less  than  par,  ten  days'  previous  notice  having  been 
given  in  the  three  designated  city  papers  of  the  time  and  place 
of  sale,  and  the  proceeds,  less  the  incidental  charges,  shall  be 
used  for  the  purposes  specified  in  the  first  section  of  this  act. 

Annual  tax. 

§  3.  There  shall  be  raised  annually  by  tax  in  the  same  manner 
as  other  city  taxes  are  levied  and  collected,  ten  thousand  dollars, 
or  such  proportion  of  said  sum  as  will  be  required  to  redeem  the 
bonds  maturing  the  next  ensuing  yeai',  issued  under  the  authority 
conferred  by  this  act;  and  it  shall  be  the  duty  of  the  Chamber- 
lain to  certify  annually  to  the  Board  of  Supervisors  of  the  county 
of  Albany  the  amount  required  for  that  purpose,  and  also  the 
additional  sum  required  to  meet  the  interest  for  the  ensuing  year, 
on  the  then  outstanding  bonds;  and  the  two  amounts  thus  stated 
shall  be  levied  and  collected  as  other  city  taxes  are  levied  and 
collected. 

§  4.  This  act  shall  take  effect  immediately. 


City  of  Albany.  377 

CHAPTER  118  OF  THE  LAWS  OF  1880. 

An  Act  in  relation  to  the  sale,  and  proceeds  of  sale,  of  certain 

school  property  in  the  city  of  Albany. 

Passed  April  12,  18S0;    three-fifths  being  present. 

Tlie  People  of  the  State  of   New    York,   represented  in  Senate   and 
Assembly,    do  enact  as  follows  : 

Board  of  Public  Instruction  may  certify  to  Common  Council 
facts  making  it  necessary  or  expedient  to  sell  school  prop- 
erty, etc.— Council  to  act  thereon.— Mayor  may  veto.— Com- 
mon Council  may  pass  same  by  a  two-thirds  vote  over  veto. 
— ^When  property  to  be  sold. 
Section  1.  Whenever,   in   the   opinion  of  the   Board   of   Public 
Instruction  in  the  city  of  Albany,  any  school  building  in  said  city 
shall  become  unfit  or  inappropriate  for  school  purposes,  and  it 
shall  be  deemed  impracticable,  or  not  to  the  best  advantage  of 
said  city,  to  alter  or  repair  said  building,  or  to  erect  a  new  build- 
ing upon  the  site  occupied  by  said  building;  and  when  it  shall  be 
thought  best  by  the  said  Board  of  Public  Instruction  to  sell  tne 
said  property  and  use  the  avails  thereof  in  the  purchase  of  a  new 
site  and  erection  of  a  new  building  thereon,  the  said  Board  of 
Public  Instruction  shall,  by  resolution,  certify  such  facts,  tog.ether 
with  the  manner  in  which  it  desires  such  property  to  be  sold,  and 
if  at  a  private  sale  then  to  whom  and  for  what  consideration,  and 
if  at  public  auction,  the  time  and  place  of  such  auction,  to  the 
Common  Council  of  said  city  of  Albany;   and  the  said  Common 
Council    shall    immediately    take    action    thereupon,    and    if    it 
approve  the  said  resolution  shall  transmit  the  same  to  the  Mayor 
of  the  said  city;  and  the  said  Mayor  shall  have  the  same  right  to 
object  to  said  resolution  as  to  any  other  act  of  the   Common 
Council  of  said  city.    In  case  of  an  objection  being  made  by  the 
said  Mayor  to  such  resolution,  he  shall,  within  ten  days  after  its 
receipt  by  him,   return   the   said   resolution,   together   with    his 
objections  thereto  in  writing,  to  the  Clerk  of  said  Common  Coun- 
cil, and  the  said  Common  Council  shall,  at  its  next  meeting  there- 
after, cause  the  said  objections  of  the  Mayor  to  be  entered  in  full 
upon  its  journal,  and  shall,  as  soon  as  may  be  practicable  there- 
after, again  proceed  to  vote  upon  said  resolution.     If  the  Mayor 
shall  approve  such  resolution,  or  if  he  shall  fail  to  return  the 
same  to  the  said   Common   Council  within   ten  days   after  the 
receipt  thereof  by  him.  or  if,  after  the  objections  of  the  Mayor 


378  Laws  Relating  to  the 

are  communicated  to  said  Common  Council,  two-thirds  of  the 
members  thereof  shall  vote  in  favor  of  such  resolution,  notwith- 
standing the  objections  of  the  Mayor,  then,  in  either  case,  the  said 
property  shall  be  sold  by  or  under  the  direction  of  the  said  Board 
of  Public  Instruction  and  in  accordance  with  the  provisions  of 
said  resolution,  and  upon  the  payment  of  the  purchase-money  for 
said  property  to  the  Chamberlain  of  the  city  of  Albany  the  Mayor 
of  said  city  shall  duly  execute,  acknowledge  and  deliver  to  the 
purchaser  of  said  property  a  good  and  sufficient  conveyance  of 
the  same. 

Proceeds  of  sale  to  be  credited  to  Board  of  Public  Instruction. 

§  2.  The  Chamlx-rhiin  of  said  city  shall  place  such  monej-  as 
shall  be  received  from  the  sale  of  such  property  to  the  credit  of 
the  Board  of  Public  Instruction  of  the  city  of  Albany,  and  the 
said  board  shall  use  the  same  for  the  purchase  of  such  sites  and 
the  erection  of  such  buildings  as  it  shall  deem  proper  and  neces- 
sary for  school  purposes  in  said  city.  Whenever  the  said  board 
shall  purchase  any  real  estate  for  such  purposes  it  shall  take  the 
conveyance  thereof  to  and  in  the  name  of  the  city  of  Albany,  and 
the  title  thereto  shall  be  vested  in  the  said  city. 

§  3.  This  act  shall  take  effect  immediately. 


CHAPTER  173  OF  THE  LAWS  OF  1876. 

§  2.  Title  3  of  chapter  77  of  the  Laws  of  1870,  is  amended  by 
adding  the  following  section: 

Common  Council  to  pass  ordinances  to  protect  school  lots,  etc. 
§  14.  The  Common  Council  of  said  city  shall  have  the  power 
to  pass  such  ordinances  as  it  may  deem  proper  and  necessary  for 
the  protection  of  the  several  school  lots  under  the  control  of  the 
Board  of  Public  Instruction  of  said  city,  and  to  prevent  trespass- 
ing thereon,  and  also  to  prevent  the  alteration  or  change  of  the 
grade  of  any  lot  contiguous  thereto  from  the  grade  of  the  street 
upon  which  the  said  lot  or  lots  may  face,  as  established  by  the 
said  Common  Council,  and  to  impose  proper  penalties  for  the 
violation  thereof,  subject  to  the  restrictions  and  limitations  con- 
tained in  chapter  seventy-seven  of  the  Laws  of  eighteen  hundred 
and  seventy,  and  the  acts  amendatoiy  thereof. 

('This  section  is  the  only  one  of  the  above  act  saved  by  the  repeal- 
ing clauses  in  title  22  of  chapter  298  of  the  Laws  of  1883.) 


GiTT  OF  Albany.  379 

CHAPTER  48. 
An  Act  authorizing  the  Board  of  Public  Instruction  of  the  city  of 
Albany,  to  make  and  let  contracts  to  build,  complete  and  fur- 
nish a  certain  school  building  in  the  said  city  of  Albany. 

Passed  March  10,  1886;    three-fifths  being  present. 
The   People  of  the  Slute  of  New    York,    represented   in   Senate  and 
Assembly,  do  enact  as  follows  : 
Contract  to  complete  school  ouilding  authorized. 

Section  1.  The  Board  of  Public  Instruction  of  the  city  of 
Albany,  is  hereby  authorized  and  empowered  to  make  and  let 
contracts  to  an  amount  not  exceeding  the  sum  of  eighteen  thou- 
sand dollars,  to  build,  complete  and  furnish  what  is  known  as 
school  number  seven,  situate  in  the  said  city  of  Albany. 

Duty  of  City  Chamberlain  as  to  payments  under  contracts. 

§  2.  It  shall  be  the  duty  of  the  Chamberlain  of  the  city  of 
Albany  to  pay,  out  of  any  unappropriated  moneys  in  his  hands, 
any  sum  or  sums  falling  due  under  any  contract  or  contracts 
made  and  let  in  accordance  with  section  one  of  this  act,  for  the 
payment  of  which,  orders  shall  be  made  and  presented  to  him  in 
due  form  of  law  by  or  in  behalf  of  said  Board  of  Public  Instruc- 
tion; and  in  case  there  shall  be  in  his  hands  no  unappropriated 
moneys  applicable  to  the  payment  of  any  such  order  or  orders, 
then  and  in  that  case  the  said  Chamberlain  shall  indorse  upon 
such  order  or  orders  a  statement  that  the  sum  therein  mentioned 
is  justly  due  to  the  ppyoe  therein  named  from  the  city  of  Albany, 
and  that  the  same  will  be  paid,  with  interest  thereon  from  the 
date  of  such  indorsement  at  the  rate  of  five  per  centum  per 
annum,  on  tlie  second  Tuesday  of  February,  one  thousand  eight 
hundred  and  eighty-seven. 

School  Board  to  certify  to  Common  Council  amount  to  be 
raised. 
§  3.  The  said  Board  of  Public  Instruction  of  the  city  of  Albany, 
is  hereby  directed  in  certifying  to  the  Common  Council  of  the 
city  of  Albany  the  amount  of  money  which  will  be  required  for 
school  purposes  for  the  year  one  thousand  eight  hundred  and 
eighty-seven,  to  insert  in  said  certification  a  sum  equal  to  the 
amount  contracted  to  be  paid  under  any  and  all  contract  or  con- 
tracts mentioned  in  section  one  of  this  act  and  the  estimated 


380  Laws  Relating  to  the 

interest  upon  any  orders  so  as  aforesaid  indorsed  or  to  be 
indorsed  by  the  City  Chamberlain,  and  such  sum  shall  be  raised 
by  tax,  and  the  Chamberlain  shall  therefrom  reimburse  any  fund 
from  which  money  may  have  been  advanced  under  the  provisions 
of  section  two  of  this  act,  and  shall  therefrom  pay  all  orders,  if 
any,  so  as  aforesaid  indoi'sed  by  him. 
§  4.  This  act  shall  take  effect  immediately. 


Ci'iY  OF  Albanf.  381 


Title  VI. 

RELATING     TO     THE     BASIN,    DOCKS,     PIERS 
AND    WHARVES. 


CHAPTER  111  OF  THE  LAWS  OF  1823. 

An  Act  authorizing  the  construction  of  a  basin  in  the  city  of 
Albany,  at  the  termiuatiou  of  the  Erie  and  Champlain  canals. 

Passed  April  5,   1823. 
Preamble. 

Whereas,  it  appears  by  the  report  of  the  Canal  Commissioners 
that,  in  their  opinion,  the  construction  of  a  basin  at  the  termina- 
tion of  the  canal,  in  the  city  of  Albany,  would  be  not  only 
extremely  beneficial  to  the  trade  of  the  said  city,  but  a  great 
accommodation  to  all  persons  carrying  produce  or  merchandise 
to  or  from  the  said  city,  as  it  would  enable  transshipments  to  be 
made  between  canal  and  river  craft  without  the  cost  and  delay 
of  cartage  and  storage;  and.  whereas,  the  aid  and  counte- 
nance of  the  Legislature  are  necessarj-  to  the  attainment  of  this 
important  object;  therefore. 

Commissioners  and  their  powers. — Proviso. 

Section  1.  Be  it  enacted  by  the  People  of  the  State  of  New 
York,  represented  in  Senate  and  Assembly,  That  William  James, 
John  R.  Bleecker,  John  Townsend,  Elisha  Jenkins,  Benjamin 
Knower,  Allen  Brown,  Israel  Smith,  Tennis  Van  Yechten,  Jolin 
Trotter.  .John  Spencer,  Asa  H.  Center,  William  Durant,  Peter 
Boyd,  Joseph  Alexander,  Charles  R.  Webster,  .John  H.  Webb, 
John  Stillwell,  Joseph  Russell,  William  Caldwell,  Ralph  Pratt, 
Russell  Forsyth,  William  Marvin,  William  M'Harg,  .Tellis  Winnie, 
Jr.,  Abraham  Van  Vechteu  and  Gideon  Hawley,  be,  and  they  are 
hereby  appointed  a  Board  of  Commissioners,  who  shall  be  author- 


382  Laws  Relating  to  'ihe 

ized  to  raise  l)y  subscriptiou  a  sum  of  money  to  he  expended  in 
the  mauuei-  liereimifter  directed,  in  the  construction  of  a  mole  or 
pier,  in  the  Hudson  river,  within  the  hounds  of  the  city  of 
Albany,  and  opposite  the  docks  fronting  the  harbor,  so  as  to  com- 
prise a  basin,  extending  from  tlie  State  arsenal  dock  to  a  point 
opposite  to  Hodge's  dock,  in  the  line  of  Hamilton  street,  for  the 
accommodation  of  canal  boats,  vessels  and  other  craft,  and  rafts 
of  lumber;  provided  that  the  said  mole  or  pier,  and  the  sloop  lock 
hereinafter  mentioned,  shall  be  completed  within  two  years  from 
the  first  of  May  next. 

Subscriptions  to  be  circulated. — Superintendent  of  the  works 
and  duties. — Bond  required. 
§2.  And  be  it  furtlicr  enacted.  That  the  Board  of  Commis- 
sioners named  in  the  first  section  of  the  act,  or  a  majority  of 
them,  as  soon  as  convenient  after  the  passage  of  tliis  act,  shall 
meet,  and,  by  a  majority  of  the  votes  of  tliose  present,  shall  pre- 
pare and  adopt  such  form  of  a  subscription  paper,  to  be  circulated 
among  sucli  of  the  citizens  of  Albany,  and  others,  as  may  be 
disposed  to  subscribe  to  the  fund  to  be  raised  in  pursuance  of  this 
act;  and  shall  likewise  adopt  all  such  measures  as  they  may  deem 
necessary  and  proper  for  the  attainment  of  the  object  herein  con- 
templated; they  shall  appoint,  from  their  number,  three  acting 
commissioners,  one  of  whom  they  shall  designate  as  Superin- 
tendent of  the  works,  whose  duty  it  shall  be  to  collect  and 
receive  the  moneys  to  be  subscrilied.  and  to  pay  the  same  out  to 
the  several  persons  furnishing  materials,  tools  or  machines,  or 
performing  services  for  the  said  works;  the  said  Superintendent 
shall  account  to  the  Board  of  Commissioners  for  all  moneys  by 
him  received  and  paid  out,  whenever  required;  he  shall  enter 
into  bonds  to  the  said  Board  of  Commissioners,  in  the  sum  of 
ten  thousand  dollars,  with  such  sureties  as  shall  be  approved  by 
them,  conditioned  for  the  faithful  performance  of  his  trust,  and 
that  he  will  account  for  all  moneys  which  may  come  into  his 
hands;  he  shall  be  entitled  to  sucli  compensation  for  his  services 
as  a  majority  of  the  Board  of  Commissioners  shall  determine. 

Power  of  acting  Commissioners. 

§  3.  And  be  it  further  enacted.  That  the  said  Acting  Commis- 
sioners shall  be,  and  hereby  are,  authorized  to  make  all  contracts 
for  machines,  tools,  materials  and  labor,  requisite  for  the  con- 


CriT  OF  A  LB  Ayr.  383 

struction  of  the  works  herein  contemplated,  and  to  employ  such 
agents,  engineers  and  laborers,  and  give  them  such  compensation 
as  they  may  deem  reasonable  and  proper. 

Bridges  authorized.— No  toll  for  draw-bridges. 

§  4.  And  be  it  further  enacted.  That  when  a  majority  of  the 
Canal  Commissioners  shall  be  of  the  opinion  that  public  con- 
venience may  require  the  same,  the  commissioners  appointed  by 
this  act  shall  cause  not  more  than  two  bridges  to  be  erected,  com- 
mencing at  the  termination  of  some  of  the  public  streets  on  the 
existing  dock,  and  extending  thence  across  the  said  basin  to  the 
mole  or  pier  contemplated  by  this  act,  so  as  to  give  convenient 
access  to  the  same  for  carts  and  teams,  and  also  a  like  bridge 
over  the  sloop  lock  at  the  southern  end  of  the  basin;  and  each  of 
the  said  bridges  shall  be  constructed  with  a  draw,  in  such  manner 
that  vessels  and  boats  can  at  all  times  pass  through  the  same 
with  convenience  and  dispatch;  but  no  toll  shall  be  exacted  for 
passing  through  the  said  draw-bridges,  and  the  commissioners 
appointed  by  this  act  shall  provide  some  proper  person  to 
open  and  shut  the  said  draw-bridges,  without  charging  anything 
therefor. 

Powers  of  the  Commissioilers  of  the  Land  Office,  and  when  and 
how  to  be  executed. — No  toll  in  certain  cases. 
§  5.  And  be  il  further  enacted.  That  as  soon  as  the  said  mole  or 
pier,  and  the  sloop  lock  provided  for  in  the  ninth  section  of  this 
act,  and  such  of  the  said  bridges,  as  shall  have  been  thought 
necessary  by  the  Canal  Commissioners,  as  aforesaid,  shall  be 
tinished  in  a  good  and  workmanlike  manner,  and  one  of  the 
Acting  Canal  Commissioners  shall  give  a  certificate  thereof, 
which  shall  be  recorded  in  the  office  of  the  Secretary  of  this  State, 
and  the  commissioners  appointed  by  this  act  shall  have  filed  in 
the  office  of  the  Comptroller  an  account  of  the  expenditures  of 
erecting  the  said  mole  or  pier,  and  the  sloop  lock  connected  there- 
with, it  shall  be  lawful  for  the  Commissioners  of  the  Land  Office, 
and  they  are  hereby  recjuired  to  grant  by  letters  patent,  to  the 
Board  of  Coumiissioners  appointed  by  the  first  section  of  this  act, 
or  to  the  survivor  or  survivors  of  them  as  joint  tenants,  the  land 
under  the  water  of  the  Hudson  river,  occupied  by  the  said  mole 
or  pier  and  sloop  lock,  subject  to  such  reservation  or  condition  as 
is  hereinafter  mentioned;  but  no  toll  shall  ever  be  exacted  from 
•any  person  passing  over  the  said  bridges,  nor  any  wharfage  or 


384  Laws  Relating  to  the 

other  charge  from  the  canal  boats  or  other  craft,  or  rafts  of 
lumber  entering  from  the  canal  and  using  the  waters  of  the  said 
basin,  or  passing  through  the  same,  into  or  from  tlie  Hudson 
river,  or  for  laj'ing  along  side  the  pier  or  bridges,  unless  the 
same  shall  be  revested  in  the  people  of  tliis  State. 

Wharfage  regulated.— Fees.— To  be  collected  by  Wharfinger, 
and  what  certain  proprietors  are  allowed  to  charge. 

§  6.  And  be  it  further  enacted.  That  for  all  vessels,  boats  or 
other  craft  navigating  the  Hudson's  river,  excepting  such  boats 
as  arc  excepted  in  the  preceding  section,  and  entering  into  the 
said  basin,  there  shall  be  paid  by  the  owners  or  masters  of  such 
vessels,  boats,  or  other  craft,  the  following  sums  for  wharfage, 
being  double  the  rates  now  payable  to  the  owners  of  the  middle 
docks  in  the  said  city  of  Albany,  to  wit: 

For  the  season:  For  every  vessel,  craft,  boat  or  flat,  of  the 
burthen  of  five  tons  or  under,  two  dollars  and  twelve  cents;  if 
above  that  burthen,  at  the  rate  of  fifty-four  cents  per  ton. 

If  for  a  less  time  than  the  season:  For  every  vessel,  craft,  boat 
or  flat,  of  the  burthen  of  five  tons  or  under,  twenty  cents  per  day; 
of  twenty  tons  or  under,  four  cents  per  ton  per  day;  over  twenty 
and  under  forty  tons,  three  cents  per  ton  per  day;  over  forty 
tons,  two  and  a  half  cents  per  ton  per  day.  And  the  said  suras 
shall  be  collected  by  the  Warfinger  or  Dock-Mastor,  in  the 
manner  now  prescribed  by  law,  and  after  deducting  such  sum  as 
a  compensation  for  his  services  as  may  be  agreed  on.  he  shall 
pay  over  one-half  of  the  residue  to  the  proprietors  of  the  pier,  in 
proportion  to  the  extent  of  their  respective  interests  therein: 
And  further,  that  it  shall  and  may  be  lawful  for  the  said  pro- 
prietors of  the  said  pier  or  mole,  to  charge  for  all  vessels  lying 
in  the  Hudson's  river,  at  the  said  pier  or  mole,  on  the  east  side 
thereof,  except  for  vessels  paying  wharfage  for  the  season  in  said 
basin,  the  like  rates  of  wharfage  as  are  now  payable  to  tlie 
owners  of  the  middle  docks  in  the  city  of  Albany. 

Pier  to  be  divided  into  lots  to  be  sold,  etc.,  and  proceeds  to 
whom  and  how  to  be  paid. 
§  7.  And  be  it  further  enacted.  That,  as  soon  as  the  Commis- 
sioners of  the  Land  OflSce  shall  have  granted  the  land  under 
water,  as  contemplated  by  this  act,  it  shall  be  the  duty  of  the 
Board  of  Commissioners,  or  as  soon  thereafter  as  they  shall  deem 
it  for  the  interest  of  the  subscribers  to  the  said  fund,  to  be  raised 


City  of  Albany.  385 

for  the  said  pier  and  bridges,  to  divide  tlie  said  pier  into  such  lots 
or  parcels,  not  exceeding  forty  feet  in  width,  as  tliey  shall  think 
best,  and  to  sell  the  same,  subject  to  the  reservations  in  this  act 
contained,  at  public  auction,  giving  at  least  twenty  days'  notice 
thereof,  in  one  or  more  of  the  public  newspajiers  in  the  city  of 
Albany,  and  of  the  time,  place  and  conditions  of  such  sale;  and 
the  moneys  arising  from  such  sale  shall  be  divided  by  the  said 
Board  of  Commissioners  among  the  several  subscribers  to  the 
said  fund,  or  their  legal  representatives,  in  the  same  proportion 
which  their  several  subscriptions  shall  bear  to  the  entire  amount 
of  moneys  subscribed  and  paid  in. 

A  pass-way  to  be  reserved. 

§  8.  And  be  it  further  enacted.  That  a  space  of  at  least  twenty- 
five  feet  in  width,  on  the  east  side  of  the  said  pier  or  mole,  shall 
be  forever  kept  open  and  clear  for  the  use  of  teams,  and  all 
persons  who  may  have  occasion  to  use  the  same  as  a  pass-way. 

Sloop  lock  to  be  constructed. — Canal  Commissioners  to  charge 
tolls,  etc. 
§  9.  And  be  it  further  enacted.  That  the  said  Board  of  Commis- 
sioners shall  construct  a  sloop  lock  at  the  southern  termination 
of  the  said  basin,  of  such  dimensions  and  according  to  such  plan 
as  shall  be  approved  by  one  of  the  Canal  Commissioners;  and 
as  soon  as  the  said  lock  shall  be  completed,  in  manner  aforesaid, 
a  certificate  thereof  shall  be  given  by  such  Canal  Commissioner, 
which  shall  be  filed  in  the  office  of  the  Comptroller  of  this  State; 
and  the  Canal  Commissioners  shall  thereupon  charge  tolls  on  all 
canal  boats,  craft  and  lumber,  which  shall  enter  into  the  said 
basin  from  the  canal,  or  which  shall  leave  the  said  basin  for 
transportation  on  the  canal,  computing  the  entire  length  of  the 
said  basin,  in  the  same  manner  as  if  it  were  part  of  the  canal; 
and  the  increase  of  tolls  which  shall  be  paid  into  the  treasury  ot 
the  State,  in  consequence  of  such  extension  of  the  said  canal, 
shall  be  paid  annually,  in  the  month  of  December,  by  the  Treas- 
urer, on  the  Avarrant  of  the  Comptroller,  to  such  person  as  shall 
be  aiithorized  by  a  ma.1ority  of  the  owners  of  the  pier  to  receive 
the  same;  and  after  deducting  therefrom  such  amount  as  shall 
be  necessaiy  to  defray  the  expense  of  attending  the  sloop  lock 
and  draw-bridges,  and  for  necessary  repairs  of  the  lock  and  pier, 
the  residue,  if  any,  shall  I5e  divided  among  the  proprietors  of  the 

25 


386  Laws  Relating  to  the 

pier,  ill  proportion  to  the  extent  of  their  respective  rights  and 
interests  therein. 

Grant  to  be  void,  if  in  five  years  the  State  repay  certain 
moneys,  etc. 
§10.  And  be  it  further  enacted,  That  the  grant  above  men- 
tioned, in  the  fifth  section  of  this  act,  shall  be  made  on  condition 
that,  if  the  Legislature  of  this  State  shall,  within  five  years  from 
the  first  day  of  May  next,  make  provision  by  law,  for  the  repay- 
ment to  the  said  commissioners,  of  the  amount  expended  by  them 
in  erecting  the  said  mole  or  pier,  bridges  and  sloop  lock,  then  the 
said  grant  to  be  absolutely  void. 

(:srodifled  by  chapter  276,  Laws  of  1825/) 
Damages  for  overflowing  land  provided  for. 

§  11.  And  be  it  further  enacted,  That  if  any  of  the  lands  adja- 
cent to  the  said  basin  shall  be  overflowed  Avith  water,  by  reason 
of  the  erection  of  said  pier  and  lock,  and  the  proprietors  of  such 
land  shall  claim  damages  in  consequence  thereof,  it  shall  be  the 
duty  of  the  Canal  Commissioners  to  appoint  three  discreet,  dis- 
interested persons,  as  appraisers,  who  shall  estimate  the  injury 
which  any  claimant  for  damages  may  liave  sustained  by  reason 
of  such  overflowing,  in  the  same  manner,  and  on  the  same  princi- 
ples as  was  provided  in  relation  to  land  taken  for  the  use  of  the 
great  canals,  in  and  by  the  second  section  of  "An  act  respecting 
navigable  communications  between  the  great  western  and 
northern  lakes  and  the  Atlantic  ocean,"  passed  April  fifteenth, 
eighteen  hundred  and  seventeen,  and  all  damages  awarded  by 
such  appraisers,  shall  be  paid  by  the  Board  of  Commissioners 
created  by  this  act;  and  the  amount  shall  be  deducted  out  of  the 
wharfage  money  to  be  collected  in  pursuance  of  this  act,  when 
the  said  works  shall  be  completed. 

Consent  of  corporation  of  Albany  required. 

§  12.  And  be  it  further  enacted.  That  the  corporation  of  the  city 
of  Albany  shall  file  their  consent  to  this  bill,  within  sixty  days 
after  the  passing  of  the  same,  with  the  Secretary  of  State,  other- 
wise this  bill  shall  be  void;  and  the  State  shall  not  be  liable  to 
this  company,  or  to  the  city  of  Albany,  for  anything  done  by 
virtue  of  this  act. 

Note.— The  consent  referred  to  in  the  twelfth  section,  has  been  duly 
flled  in  the  secretary's  office  April  8,  1823. 


City  of  Albany.  387 

CHAPTER  276  OF  THE  LAWS  OF  1825. 

An  Act  to  amend  the  act,  entitled  "An  Act  authorizing  the  con- 
struction of  a  basin  in  the  city  of  Albany,  at  the  termination 
of  the  Erie  and  Champlaiu  canals,"  passed  April  5,  1823. 

Passed  April  20,   1825. 

Be  it  eriacted  by  the  People  of  the  Slate  of  New  York,  repre- 
sented  in   Senate  and  Assembly: 

Certain  reservation  repealed. 

That  the  reservation  contained  in  the  tenth  section  of  an  act, 
entitled  "An  act  authorizing  the  construction  of  a  basin  in  the 
city  of  Albany,  at  the  termination  of  the  Erie  and  Champlain 
canals,"  passed  April  fifth,  eighteen  hundred  and  twenty-three, 
be  and  the  same  is  hereby  repealed;  provided  alvrays,  that  the 
said  company  shall  keep  the  said  pier  or  mole  and  sloop  lock  in 
good  repair  for  the  reception  of  canal  boats  and  other  vessels. 


CHAPTER  163  OF  THE  LAWS  OF  1835. 
An  Act  to  improve  tlie  navigation  of  the  Albany  basin. 

Passed  April  27,  1835. 

The   L'eoph  of  the   State  (f  Xeic    York,    represented   in  Senate  and 
Assembly,    do  enact  as  folloirs : 

Opening  to  be  enlarged  and  lock  and  bulkhead  to  be  removed. 
Section  1.  The  Mayor,  Aldemieu  and  Commonalty  of  the  city 
of  All)any  are  hereby  authorized  to  cause  the  entrance  or  open- 
ing from  the  Hudson  river  into  the  Albany  basin,  at  the  north 
end  thereof,  to  be  enlarged  to  a  width  not  exceeding  one  hundred 
and  ten  feet,  and  to  cause  the  same  to  be  secured  from  the  opera- 
tion of  the  ice;  and  also  to  cause  the  lock  at  the  south  end  of  the 
said  basin,  and  so  much  of  the  bulkhead  as  may  be  necessary,  to 
be  removed,  and  a  bridge  to  be  built  over  the  place  now  occupied 
by  said  bulkhead  and  lock,  according  to  the  provisions  of  this  act 
and  the  act  hereby  auiended;  and  shall  Aviden  and  construct  the 
draws  in  the  bridges  over  said  basin  and  the  passages  under  the 
same  of  the  width  of  fifty  feet;  and  the  Mayor,  Aldermen  and 
Commonalty  are  also  authorized  to  straighten  the  west  side  of 
the  basin,  by  extending  the  wharves  east  not  exceeding  thirty 
feet  beyond  the  east  side  of  any  one  of  the  wharves  now  erected. 


388  Laws  Relating  to  the 

in  such  manner  as  tbey  shall  deem  best  for  the  interest  of  the 
pity  and  tlio  impvovoment  of  the  navigation  of  the  basin. 

Bridges. 

§  2.  The  said  bridges,  after  they  are  widened  as  aforesaid,  shall 
not  be  left  in  a  worse  state  and  condition  than  they  are  in  at  the 
time  the  alteration  is  commenced;  and  if  they  are  improved  in 
value,  such  improved  value  shall  be  ascertained  by  the  commis- 
sioners to  be  appointed  under  this  act,  and  the  amount  thereof 
shall  be  paid  by  the  pier  owners,  and  be  deducted  fi'om  the 
expense  of  the  said  alteration;  and  tlie  said  bridges,  after  the 
aforesaid  improvements,  shall  be  maintained,  kept  in  repair  and 
tended  in  the  same  manner  as  they  now  are  by  law  required  to 
be  tended,  kept  in  repair  and  maintained. 

Notice  to  be  given. 

§  3.  Before  any  extension  of  tae  wharves  shall  be  made  under 
the  provisions  of  this  act,  notice  shall  be  given  by  the  Mayor, 
Aldermen  and  Commonalty,  to  the  owner  of  the  wharves  intended 
to  be  extended,  by  personally  serving  the  same,  or  by  publishing 
the  same  daily  for  thirty  days  in  all  the  daily  papers  published  in 
said  city,  in  order  to  afford  him  an  opportunity  to  find  the  mate- 
rials and  perform  the  labor  necessary  to  construct  the  work;  and 
such  notice  shall  specify  the  work  required  to  be  done,  the 
manner  in  which  it  sliall  be  executed,  and  the  time  within  whicli 
it  is  to  be  accomplished;  and  unless  such  owner  shall,  within  ten 
days  after  the  service  of  such  notice,  signify,  in  writing,  his 
intention  to  do  the  work,  or  shall  not,  within  the  time  limited  for 
its  performance,  execute  the  same,  the  said  work  may  be  done  by 
the  Mayor,  Aldermen  and  Commonalty,  and  the  amount  expended 
collected  as  hereinafter  specified. 

Damages  to  be  assessed. 

§  4.  All  such  damages  as  the  owner  of  any  property  taken  or  in 
any  manner  injured  or  affected  by  any  of  the  improvements  con- 
templated by  this  act,  shall  be  assessed  to  such  owner  by  the 
commissioners  to  be  appointed  under  this  act,  and  shall  by  them 
be  assessed  and  apportioned  upon  all  buildings,  lots,  wharves, 
docks  and  pier  lots  benefited  by  any  of  the  impi'ovements  author- 
ized to  be  made  by  this  act.  in  pi'oportion  to  the  advantages  each 
shall  be  deemed  to  acquire,  as  a  part  of  the  expenses  of  such 
improvements,  in  the  manner  specified  in  the  sixth  section  of  this 


City  of  A  lb  any.  389 

act,  and  shall  be  collected  as  therein  directed,  and  be  paid  to  the 
person  entitled  to  the  same. 

Basin  to  be  excavated. 

§  5.  The  said  Mayor,  Aldermen  and  Commonalty  are  hereby 
authorized  to  order  and  direct  the  excavation,  deepening  or 
cleansing  of  any  part  of  the  basin  aforesaid  they  may  consider 
necessary  for  the  navigation  thereof,  and  the  expense  of  such 
excavation,  deepening  or  cleansing,  shall  be  apportioned  and 
assessed  as  hereinafter  directed,  by  the  commissioners  to  be 
appointed  under  this  act,  and  collected  as  hereinafter  provided: 
which  said  excavation  shall  be  made  of  such  depth  as  will  be 
sufficient  for  all  loaded  boats  and  vessels  usually  navigating  the 
Hudson  river  to  the  said  city,  to  pass  in  and  out  of  the  said  basin 
at  low  water. 

Expenditures. 

§  6.  An  accurate  account  of  the  expenditures  by  the  said  Mayor, 
Aldermen  and  Commonalty,  of  the  aforesaid  improvements  shall 
be  kept,  and  a  copy  thereof  shall  be  filed  in  the  office  of  the 
Clerk  of  the  Common  Council  of  the  city  of  Albany,  after  it  shall 
have  been  duly  examined  by  the  said  Mayor,  Aldermen  and 
Commonalty,  and  certified  by  them  to  be  correct,  before  any  part 
of  the  said  expenses  shall  be  collected  in  pursuance  of  the  provi- 
sions of  this  act. 

Commissioners  to  be  appointed  by  the  Governor. 

§  7.  It  shall  be  the  duty  of  the  person  administering  the  govern- 
ment of  this  State  to  appoint  three  disinterested  freeholders,  not 
residents  of  the  city  of  Albany,  who  shall  be  authorized  to  make 
an  assessment  and  apportionment  of  the  whole  expenses  of  the 
aforesaid  improvements,  including  the  damages  aforesaid,  except 
such  as  are  otherwise  provided  for  by  the  second  section  of  this 
act,  among  all  the  buildings,  lots,  wharves,  docks,  and  pier  lots 
benefited  by  the  said  improvements,  in  proportion  to  the  advan- 
tages which  each  shall  be  deemed  to  acquire,  specifying  in  said 
apportionment  the  name  or  names  of  the  owner  or  owners,  occu- 
pant or  occupants,  buildings,  lots,  wharves,  docks  and  pier  lots 
benefited,  as  far  as  the  nature  of  the  case  will  admit;  and  that 
in  such  assessment  and  apportionment  the  said  commissioners 
shall  take  into  consideration  the  benefit  to  the  pier  company  by 
the  annual  receipts  of  one  mile  toll  received  by  them  as  a  part 


390  Laws  Relating  to  the 

of  the  Erie  aud  Champlain  eauals;  and  such  apportionment  liav- 
ing  been  signed  by  the  said  commissioners,  or  a  majority  of  them, 
shall  be  returned  to  the  said  Mayor,  Aldermen  and  Commonalty 
within  ninety  days  from  the  time  the  same  is  made;  and  when 
thus  returned  by  them,  the  said  Mayor,  Aldermen  and  Common- 
alty shall  cause  public  notice  of  such  apportionment  to  be  given 
in  one  or  more  of  the  newspapei's  printed  in  said  city,  for  thirty 
days;  and  if  no  good  cause  be  shown  against  the  confirmation 
of  said  apportionment  within  the  time  last  aforesaid,  the  same 
shall,  when  approved  by  the  said  Mayor,  Aldermen  and  Com- 
monalty, be  filed  in  the  office  of  the  Clerk  of  the  Common  Council 
of  said  city,  and  shall  be  binding  aud  conclusive  upon  the  owner 
or  owners  of  the  lots,  buildings,  wharves,  docks  and  pier  lots, 
mentioned  in  said  apportionment,  and  the  said  apportionment 
sliall  be  and  remain  a  lien  upon  the  buildings,  lots,  wharves, 
docks  and  pier  lots  mentioned  therein  from  the  time  of  such  con- 
firmation by  the  said  Mayor,  Aldermen  and  Commonalty,  until 
the  same  shall  be  paid  or  satisfied;  aud  if  the  amount  or  sum 
thus  apportioned  and  assessed  be  not  paid  when  demanded,  the 
same  shall  be  collected  in  the  manner  prescribed  in  the  fifth  sec- 
tion of  the  act  relative  to  the  city  of  Albany  passed  April  ninth, 
eighteen  hundred  and  twenty-eight. 

Vacancy. 

§  8.  If  any  vacancy  shall  happen  in  the  Board  of  Commissioners 
appointed  as  aforesaid,  occasioned  by  the  death  of  any  of  the 
said  commissioners,  refusal  to  act,  or  resignation,  the  person 
administering  the  government  of  this  State,  on  notice  thereof 
being  given  to  him  by  the  Mayor,  Aldermen  and  Commonalty, 
shall  appoint  some  person,  not  a  resident  of  the  said  city,  to  sup- 
ply such  vacancy;  and  the  said  commissioners  shall  be  allowed 
such  compensation  for  their  services  as  the  said  Common  Council 
shall  determine. 

Com,missioners  to  take  oath. 

§  9.  The  commissioners  appointed  as  aforesaid  shall,  before 
proceeding  to  the  execution  of  their  duties,  severally  make  oath 
or  affirmation,  before  some  proper  officer  authorized  to  take  affi- 
davits to  be  read  in  a  court  of  record,  honestly  and  impartially 
to  execute  the  trust  reposed  in  them  as  commissioners  under  this 


City  OF  Albany.  391 

act  whicb  oath  or  affirmation  shall  be  in  writing,  and  filed  in  the 
office  of  the  Clerk  of  the  Common  Council  of  the  city  of  Albany. 
§10.  This  act  shall  take  effect  immediately  after  the  passage 
thereof. 

CHAPTER  139  OF  THE  LAWS  OF  1836. 
An  Act  to  amend   "An  act  to  improve   the   navigation  of   the 
Albany  basin,"  passed  April  twenty-seven,  eighteen  hundred 

and  thirty-five. 

Passed  April  14,   I806. 

2he  People    of  the  State  of  Ne,o    York,    represented  in   Senate   and 
Assembly,   do  enact   as  folloics  : 

Opening  to  be  made  in  the  pier. 

Section  1.  The  Mayor,  Aldern.en  and  Commonalty  of  the  city  of 
Albany  shall,  simultaneously  with  the  improvements  authonzed 
and  required  by  the  act  hereby  amended,  cause  an  openmg  to  be 
radlXough  L  Albany  pier  at  or  near  lots  ninety  or  ninet^^^^^^^^ 
on  said  pier,  of  not  less  than  sixty  feet  in  width;  and  they  aie 
::.:;. Ured  to  buiM  a  sufficient  draw  or  swivel  bridge  over 
the  passage-way  on  the  easterly  side  of  the  said  pier,  of  not  more 
than  twenty  feet  in  width. 

Damages. 

§2  All  such  damages  as  the  owner  of  any  property  taken  or 
in  any  manner  injured  by  the  improvement  contemplated  by  this 
act.  Shall  be  assessed  to  such  owner  by  the  --^^f '^^  ^^^^^ 
nnpointed  under  this  act  and  the  act  hereby  amended,  and  shall 
^y  them  be  assessed  and  apportioned  upon  all  buildings,  lots, 
.Lrves,  docks  and  pier  lots,  benefited  by  any  improvemen . 
authoriz;d  to  be  made  by  this  act  and  the  act  hereby  amended, 
iu  proportion  to  the  advantages  each  shall  be  deemed  to  acquir^ 
as  a  part  of  the  expenses  of  such  improvements,  in  the  mannei 

Reified  in  the  act  hereby  amended;    and  shall  be  collected  as 
therein  directed,  and  be  paid  to  the  person  entitled  to  the  same. 

Account  of  expenditures. 

§  3  An  accurate  account  of  the  expenditures  by  the  said  Mayor, 
Aldermen  and  Commonalty  of  the  improvements  to  be  made 
under  this  act  shall  be  kept,  and  a  copy  thereof  filed  examined 
■and  certified,  in  the  manner  provided  in  the  sixth  section  of  the 


392  Laws  Relating  to  the 

act  hereby  amended,  the  same  as  if  the  improvements  by  this  act 
contemplated  liad  been  autliorized  by  the  act  hereby  amended. 

Assessment  how  to  be  made. 

§  4.  The  commissioners  to  be  appointed  by  the  Governor,  by  the 
seventh  section  of  the  act  hereby  amended,  in  making  the 
assessment  and  apportionment  under  the  act  hereby  amended, 
are  authorized  to  consider  and  include  the  expenses  of  the 
improvement  hereby  directed,  as  a  part  of  the  expenses  for  the 
improvements  directed  by  the  act  hereby  amended,  in  the  same 
manner  and  with  the  like  force  and  effect  as  if  the  improvements 
directed  by  this  act  had  been  directed  by  the  act  hereby  amended, 
and  shall,  in  like  manner,  sign  and  return  the  same;  and  the 
said  Mayor,  Aldermen  and  Commonalty  shall  proceed  thereon  in 
the  manner,  and  with  the  like  power,  force  and  efifect  as  declared 
by  the  seventh  section  of  the  act  hereby  amended. 

Attendance  on  draw-bridge. 

§  5.  The  Mayor,  Aldermen  and  Commonalty  of  the  city  of 
Albany  shall  forever  hereafter  provide  the  necessary  attendants 
to  open  and  close  the  said  bridge  at  all  times  when  the  same  may 
be  required  to  be  opened  for  the  purpose  of  passing  sloops, 
barges,  boats,  or  other  river  or  canal  craft  through  the  said 
opening. 

Repairs  of  bridge. 

§  6.  If  at  any  time  after  the  said  opening  or  passage  through 
the  said  pier,  and  the  draw-bridge  over  the  same  shall  have  been 
completed,  the  same  shall  be  destroyed,  or  shall  require  repairs 
from  any  cause  whatever,  it  shall  be  the  duty  of  the  said  Mayor, 
Aldermen  and  Commonalty  of  the  city  of  Albany,  and  they  are 
hereby  required  to  rebuild  the  said  bridge  if  destroyed,  or  repair 
the  same  if  at  any  time  such  repairs  shall  be  required,  without 
unnecessary  delay. 

Repairs  of  pier,  buildings  or  bridges. 

§  7.  If,  at  any  time  hereafter,  the  said  pier,  or  any  part  tnereof, 
or  the  buildings  or  property  thereon,  or  the  bridges  crossing  the 
Albany  basin  shall  be  destroyed,  or  in  any  manner  injured  in 
consequence  of  the  opening  hereby  directed  to  be  made  through 
the  same  between  the  State  street  and  Columbia  street  bridges, 
it  shall  be  the  duty  of  the  said  Mayor,  Aldermen  and  Common- 


City  of  Albany.  393 

alty,  and  they  are  hereby  required  to  rebuild  such  part  thereof 
as  may  be  destroyed,  or  repair  the  same  if  injured,  iu  a  substan- 
tial manner;  and  the  expense  of  such  rebuilding  and  repairs  shall 
be  ascertained  in  the  manner  prescribed  by  the  sixth  section  of 
the  act  hereby  amended,  and  shall  be  assessed  and  apportioned 
by  three  commissioners  to  be  appointed  by  the  person  adminis- 
tering the  government  of  this  State,  in  the  same  manner  and 
with  the  like  force  and  effect  as  directed  by  the  seventh  section 
of  the  act  hereby  amended;  which  commissioners  shall,  in  like 
manner,  sign  and  return  the  same,  and  the  said  Mayor,  Aldermen 
and  Commonalty  sliall  proceed  thereon  in  the  like  manner  and 
with  the  like  power,  force  and  effect  as  declared  by  the  seventh 
section  of  the  act  hereby  amended. 

Deposits  to  be  removed. 

§  8.  After  the  said  opening  or  passage  througli  the  pier  between 
the  State  street  and  Columbia  street  bridges,  hereby  directed  to 
be  made,  shall  have  been  completed,  and  the  navigation  on  either 
side  of  that  part  of  the  pier  contiguous  to  the  said  opening  or 
passage  shall  at  any  time  hereafter  be  injured  by  deposits  of 
alluvion  produced  by  cross  current  through  the  said  passages  or 
opening,  it  shall  be  the  duty  of  tne  said  Mayor,  Aldermen  and 
Commonalty  of  the  city  of  Albany  to  have  such  alluvial  matter 
removed  without  delay. 

Expenses. 

§  9.  The  expenses  to  be  incurred  by  the  Mayor,  Aldermen  and 
Commonalty  of  the  city  of  Albany  under  the  fifth,  sixth  and 
eighth  sections  of  this  act,  shall  be  ascertained  in  the  manner 
prescribed  by  the  sixth  section  of  the  act  hereby  amended,  and 
shall  be  assessed  and  apportioned  by  the  City  Superintendent,  or 
by  such  other  disinterested  person  or  persons,  not  "exceeding 
thi'ee,  to  be  appointed  by  the  said  Mayor,  Aldermen  and  Common- 
alty, under  his  or  their  oath  or  oaths,  in  the  same  manner  and 
with  the  like  force  and  effect  as  declared  by  the  seventh  section 
of  the  act  hereby  amended,  upon  the  property  benefited  by  the 
improvements,  authorized  by  the  second  section  of  this  act. 


394  Laws  Relating  to  the 

CHAPTER  453  OF  THE  LAWS  OF  1837. 
An  Act  to  ameud  tbe  acts  to  improve  the  uavigation  of  the  Albany 
basiu,  passed  April  twenty-seven,  eighteen  hundred  and  thirty- 
five,  and  Api'il  fourteen,  eighteen  hundred  and  thirty-six. 

Passed  May  16,  1837. 

The  People  of  the  State  of  Neio  York,  represented  in  Senate  and 
Assembly,   do  enact  as  follows  : 

Expenses,  how  to  be  estimated. 

Section  1.  It  shall  be  the  duty  of  the  commissioners  to  be 
appointed  under  the  provisions  of  the  acts  hereby  amended,  to 
consider  and  include  as  a  part  of  the  expenses  of  the  improve- 
ments contemplated  in  said  acts,  all  the  interest  which  have  and 
may  accrue  upon  all  moneys  now  and  hereafter  to  be  advauced 
by  the  Mayor,  Aldermen  and  Commonalty  of  the  city  of  Albany, 
in  the  prosecution  of  said  improvements;  the  amount  of  said 
interest  to  be  computed  and  certified  to  the  said  commissioners 
at  the  rate  of  seven  per  cent  by  the  Chamberlain  of  said  city, 
and  the  same  shall  be  collected  as  a  part  of  said  expenses  in  the 
manner  provided  by  the  said  acts. 


CHAPTER  467  OF  THE  LAWS  OF  1837. 

An  Act  relating  to  the  Albany  basin. 

!  Passed  May  16,  1S37. 

T/ie  People  of  the  State  of  Netc  York,  represented  in  Semite  and 
Assembly,  do  enact  as  folloios  : 

Albany  basin,  how  to  be  cleared. 

Section  1.  In  case  the  Mayor,  Aldermen  and  Commonalty  of 
the  citj'  of  Albany  shall  neglect  to  proceed  forthwith  to  cause  the 
navigation  of  the  Albany  basin  to  be  cleared  and  freed  from 
obstruction,  iu  pursuance  of  the  provisions  of  the  act  entitled 
"  An  act  to  improve  the  navigation  of  the  Albany  basin,"  passed 
April  twenty-seven,  eighteen  hundred  and  thirty-five,  and  of  the 
ordinances  of  the  Common  Council  of  said  city  in  relation  thereto, 
then  it  shall  and  may  be  lawful  for  the  Canal  Commissioners  to 
order  and  direct  the  said  basin  to  be  excavated,  deepened  and 
cleansed,  and  all  obstructions  therein  to  be  removed,  as  far  as 
may  be  pecessary  for  the  free  passage  of  canal  boats  into  and 
departing  from  the  said  basin,  and  to  draw  upon  the  said  Mayor, 


City  of  Albany.  395 

Aldermen  and  Commonalty,  at  such  time  or  times  as  the  said 
Canal  Commissioners  may  deem  proper  and  advisable,  for  such 
sum  or  sums  of  money  as  may  be  necessary  to  defray  the 
expenses  of  such  improvement,  which  draft  or  drafts  shall  be 
forthwith  paid  by  the  said  Mayor,  Aldermen  and  Commonalty; 
an  account  of  which  expenses  to  be  furnished  to  the  said  Mayor, 
Aldermen  and  Commonalty  upon  the  completion  of  said  improve- 
ment, who  shall  forthwith  cause  the  same  to  be  assessed  and 
apportioned  in  the  manner  specified  in  the  said  act  of  April 
twenty-seven,  eighteen  hundred  and  thirty-five. 

Future  obstructions,  how  to  be  removed. 

§  2.  At  any  time  after  the  completion  of  the  improvement  con- 
templated by  the  said  act  of  April  twenty-seven,  eighteen  hundred 
and  thirtj^-five,  if  the  said  Albany  basin  shall  again  become 
obstructed  so  as  to  impair  the  free  passage  of  canal  boats  therein, 
and  the  said  Mayor,  Aldermen  and  Commonalty  shall  neglect  to 
cause  the  same  to  be  excavated  in  pursuance  of  the  authority 
vested  by  the  act  entitled  "  An  act  to  amend  an  act  entitled  '  An 
act  to  amend  the  several  acts  relating  to  the  city  of  Albany,  and 
to  combine  the  same  into  one  act,  and  for  other  purposes,'  passed 
April  ninth,  eighteen  hundred  and  twenty-eight,"  then  it  shall 
and  may  be  lawful  for  the  said  Canal  Commissioners,  or  either 
of  them,  to  order  and  direct  such  obstiiiction  to  be  removed,  and 
the  said  basin  to  be  excavated,  deepened  and  cleared,  so  that  the 
passage  for  canal  boats  therein  shall  be  entirely  free  and  unim- 
peded; and  for  the  purpose  of  meeting  the  expenses  thereof  that 
shall  accrue  in  any  one  year,  they,  the  said  Canal  Commissioners, 
or  either  of  them,  are  or  is  hereby  authorized  to  draw  for  such 
sum  or  sums  as  shall  be  required,  upon  the  said  Mayor,  Aldermen 
and  Commonalty,  who  are  hereby  required  to  pay  the  same. 

Expenses,  how  to  be  apportioned. 

§  3.  An  accurate  account  of  the  expenditure  incurred  under  the 
last  mentioned  section  of  this  act  shall  be  kept  by  the  said  Canal 
Commissioners,  or  either  of  them,  and  furnished  to  the  said 
Mayor,  Aldermen  and  Commonalty  upon  the  completion  of  the 
excavations,  deepenings,  and  cleansings,  which  shall  be  so 
ordered  and  directed  in  each  year  by  the  said  commissioners;  and 
when  the  same  is  so  furnished,  the  said  Mayor,  Aldermen  and 
Commonalty  shall   appoint  three   disinterested  freeholders,   not 


39G  Laws  E elating  to  the 

residents  of  said  city,  who  shall  forthwith  proceed  to  assess  and 
apportion,  under  their  oaths,  the  said  amount  of  expenses,  in  the 
manner  prescribed  in  the  seventh  section  of  the  said  act  of  April 
twenty-seven,  eighteen  hundred  and  thirty-five,  referred  to  in  the 
first  section  of  this  act:  Provided,  however,  that  the  whole 
amount  of  such  expenses  to  be  assessed  and  apportioned  shall  not 
exceed  the  sum  which  the  proprii'tors  of  tlie  Albany  pier  at  the 
close  of  the  navigation  of  the  canals  in  tlie  year  in  which  such 
excavation,  deepening  and  cleansing  contemplated  by  the  second 
section  of  this  act  shall  be  accomplished,  shall  bo  entitled  to  for 
tolls  under  the  ninth  section  of  the  act  entitled,  "An  act  author- 
izing the  construction  of  a  basin  in  the  city  of  Albany  at  the 
termination  of  the  Erie  and  Cliamplain  canals,"  passed  April 
fifth,  eighteen  hundred  and  twenty-three. 

Excess,  to  ■whom  to  be  charged. 

§  4.  In  case  that  it  shall  so  happen  that  tlie  expenses  to  be 
incurred  by  the  Canal  Commissioners,  or  either  of  them,  under 
the  second  section  of  this  act,  shall  in  any  one  year  exceed  the 
amount  of  tolls  so  to  be  paid  for  that  year  to  the  said  proprietors 
of  the  Albany  pier,  then  it  shall  and  may  be  lawful  for  the  said 
Mayor,  Aldermen  and  Commonalty,  to  charge  such  excess  to  the 
debt  of  this  State,  and  the  same  shall  be  paid  by  the  Treasurer 
upon  the  warrant  of  the  Comptroller,  to  the  said  Mayor,  Alder- 
men and  Commonalty. 

Duty  of  Appraisers. 

§  5.  The  commissioners  to  be  appointed  by  the  said  Mayor, 
Aldermen  and  Commonalty  under  the  third  section  of  this  act 
are  hereby  authorized  and  directed  to  consider  and  include  as  a 
part  of  the  expenses  so  to  be  assessed  and  apportioned,  the 
interest  which  shall  accrue  upon  the  moneys  advanced  upon  the 
draft  or  drafts  of  the  said  Canal  Commissioners,  or  either  of 
them,  for  the  purposes  stated  in  the  second  section  of  this  act, 
from  the  time  when  such  sum  or  sums  shall  be  advanced,  to  the 
time  when  said  assessment  shall  be  completed,  at  the  rate  of 
seven  per  cent  per  annum  to  be  certified  by  the  Chamberlain  of 
said  city;  and  the  same  shall  be  collected  as  a  part  of  the 
expenses  so  incurred  as  aforesaid. 


City  of  Albany.  397 

Pay  of  Commissioners. 

§  6.  The  coiniiiissionor.s  to  be  appoiuterl  to  make  the  assessment 
and  apportioameut  aforesaid,  shall  be  paid  a  compensation  for 
their  services,  to  be  fixed  by  the  said  Mayor,  Aldermen  and  Com- 
monalty, which  said  compensation  shall  also  be  included  and 
collected  as  a  part  of  said  expenses;  and  in  case  of  any  vacancy 
by  the  resignation  or  otherwise  of  all  or  eitlier  of  said  commis- 
sioners, the  said  Mayor,  Aldermen  and  Commonalty  shall  by 
appointment  supply  his  or  their  places. 

Act  of  1835  extended  to  other  assessments. 

§  7.  The  provisions  of  the  act  aforesaid  of  April  twenty-seventh, 
eighteen  hundred  and  thirty-five,  referred  to  in  the  said  first  sec- 
tion, prescribing  the  mode  of  collecting  the  apportionment  and 
making  the  same  a  lien  upon  the  houses  and  lots  therein  men- 
tioned, are  hereby  extended  and  made  applicable  to  the  appor- 
tionments and  assessments  which  shall  from  time  to  time  be 
returned  and  confirmed  under  the  provisions  of  the  second  and 
third  sections  of  this  act. 

Corporation  to  file  assent  in  sixty  days. 

§  8.  The  corporation  of  the  city  of  Albany  shall  file  their  con- 
sent to  this  bill  within  sixty  days  after  the  passing  of  the  same, 
with  the  Secretary  of  State,  otherwise  this  bill  shall  be  void. 


CHAPTER  51  OI'^  THE  LAWS  OF  1841. 

An  Act  to  amend  the  acts  "  to  improve  the  navigation  of  the 

Albany  basin,"  passed  April  27,  1835,  and  April  14,  1836. 

Passed  March  15.  1841. 

The  Peojile  of  the  Ultite  of  New  Yi>rk.  represented  in  Semi/f  and 
AiisemUy,   do  eunct  ax  foHowx : 

Pay  of  Commissioners  to  be  included  in  assessment. 

Section  1.  It  shall  be  the  duty  of  the  commissioner.s  appointed 
under  the  provisions  of  the  acts  hereby  amended,  to  consider  and 
include  as  a  part  of  the  expenses  of  the  improvements  contem- 
plated in  said  acts,  the  costs  and  charges  incident  to  their  pro- 
ceedings as  such  commissioners,  together  with  the  amount  of 
their  compensation  as  fixed  by  the  Common  Council  of  the  city  of 
Albany,  to  be  certified  by  the  Mayor  of  said  city;   and  the  same 


398  Laws  Relating  to  the 

shall  1)6  collootod  as  a  part  of  tho  said  expenses  iu  the  manner 
provided  by  the  said  acts. 

§  2.  This  act  shall  take  effect  immediately. 


CHAPTER  503  OF  THE  LAWS  OF  1866. 

An  Act  to  improve  the  Albany  basin,  in  the  city  of  Albany,  and 
to  provide  the  means  therefor. 
Passed  April  11,  1S6G;    three-fifths  being  present. 

F   The    People  of  the   State  of  Neio    York,   represented  in   Senate  and 
Assembly,    do   enact  as  follows : 

On  what  plan  contracting  board  to  improve  basin. 

Section  1.  The  Contractinj?  Board  nnder  the  direction  of  the 
Canal  Board  are  hereby  authorized  and  empowered  to  improve 
the  Albany  basin,  as  proposed  and  laid  down  on  a  map,  accom- 
panying the  report  of  the  State  Engineer  to  the  Legislature  for 
the  year  eighteen  hundred  and  sixty-five,  entitled  "  map  of 
Albany  basin,"  or  upon  such  modifications  and  change  of  said 
plan,  so  far  as  it  relates  to  the  contraction  of  said  basin,  as  the 
Canal  Board  may  determine. 

§  2.  The  said  board  are  also  empowered  to  narrow  said  basin 
by  constructing  a  new  line  of  docks  on  the  west  side  thereof,  and 
causing  the  same  to  be  properly  filled  in  between  such  new  line 
and  the  present  line  of  docks  along  Quay  street;  but  such  con- 
struction and  narrowing  shall  not  be  made  without  the  written 
consent  of  two-thirds  of  the  owners  of  the  lots  on  Quay  street, 
opposite  to  where  such  improvements  are  proposed,  nor  then, 
unless  such  improvement  can  be  made  Avithout  any  expense  to 
the  State,  nor  without  the  previous  sanction  of  the  Canal  Board. 
(As  amended  by  chapter  238,  Laws  of  1867.) 

Mayor,  etc.,  of  Albany  to  consent  that  city  shall  pay  for  dam- 
ages to  bridges  or  basin. 
§3.  If  any  of  the  bridges  crossing  said  basin  other  than  the 
Hudson  River  Railroad  bridge  shall  be  injured  iu  consequence  of 
the  improvement  made  in  the  basin  as  provided  in  this  act,  such 
damage  shall  be  assumed  and  paid  by  the  city  of  Albany,  and  the 
State  shall  not  be  liable  for  any  cost  or  damage  for  said  injury; 
and  before  any  work  shall  be  done  under  the  provisions  of  this 


Cri  7  OF  Alb  Ayr.  399 

act,  the  Mayor,  Aldermen  and  Commonalty  of  the  city  of  Albany 
shall  file  their  assent  thereto  in  the  Canal  Department,  together 
with  a  written  obligation  assuming  the  payment  of  all  such  costs 
and  damages. 

Contraction  of  opening  through  certain  pier. 

§  4.  After  the  openings  at  the  north  and  south  ends  of  said 
basin  shall  have  been  enlarged  as  contemplated,  and  the  Canal 
Board  shall  deem  it  necessary  to  contract  the  opening  through 
the  pier  opposite  the  foot  of  Maiden  lane,  they  shall  have  the 
power  to  authorize  and  direct  such  contraction  to  be  made,  pro- 
viding said  board  can  procure  said  contraction  to  be  made  for  a 
sum  not  to  exceed  five  thousand  dollars  in  addition  to  the  value 
of  the  land  to  be  reclaimed  by  such  contraction,  which  land  so  to 
he  reclaimed,  said  board  is  hereby  authorized  to  grant,  sell  and 
convey  for  that  puipose. 

Opening  through  certain  pier. 

§  5.  The  Canal  Board  is  hereby  authorized  and  empowered  to 
cause  an  opening  to  be  made  tlirough  the  .pier  between  the  rail- 
road and  Columbia  street  bridges,  of  sufficient  size  to  accommo- 
date vessels  employed  in  canal  and  river  commerce,  and  to  allow 
them  to  pass  through  conveniently,  provided  such  opening  can  be 
made  without  cost  or  expense  or  liability  for  damages  to  the 
State,  or  to  the  city  of  Albany.  The  sides  of  such  opening  shall 
be  properlj-  secured  against  the  effects  of  water  and  of  ice. 

State  not  liable. 

§  6.  The  State  shall  not  be  liable  for  any  damage  to  property 
caused  by  the  making  of  such  improvements,  but  if  any  claim 
shall  arise  the  same  shall  be  paid  by  the  city  of  Albany,  and  said 
city,  before  such  work  is  commenced,  shall  give  their  assent  to 
assuming  such  liability,  and  shall  file  with  the  Canal  Board  an 
obligation  assuming  all  such  lial»ility,  and  indemnifying  the  State 
against  the  same. 

Amount    to    be    paid    by    State. — Contractor    of    repairs    not 

released  from  contract. 

§  7.  The  expense  incurred  under  tliis  act,  to  be  paid  by  the 

State,  shall  not  exceed  the  sum  of  thirty-five  thousand  dollars, 

and  shall  be  paid  by  the  Treasurer  of  the  State  on  the  warrant 


400  Laws  Relating  to  the 

of  the  Comptrolli'r.  out  of  any  moneys  l)elou;niug  to  the  general 
fund,  and  the  sum  of  thirty-tive  thousand  doUars,  or  so  much 
thereof  as  may  be  necessary  to  carry  into  effect  the  provisions  of 
this  act,  is  hereby  appropriated  for  that  purpose.  This  hiw  sliall 
not  release  the  contractor  of  rei)airs  on  section  first  of  the  Erie 
canal  from  liis  contract,  and  it  shall  ])(»  the  duty  of  the  Canal 
rommissioners  to  maintain  the  navigation  for  boats  in  said  basin 
to  the  depth  of  the  miter  sill  of  lock  number  one  of  the  Erie  canal. 
§8.  This  act  sliall  take  <>ffcct  iiiimcdialcly. 


CHAPTER  963  OP  THE  LAWS  OF  1895. 

An  Act  to  provide  for  the  improvement  of  the  Albany  basin  and 
making  an  appropriation  therefor. 

Became  a  law  June  6,  1895,  with  tlie  ai)proval  of  tlje  Governor.  Pushed,  three  fifths 
being  present. 

The  People  of  the  State  of  Nc^o  York,  represented  in  Senate  and 
Assembly,    do   enact  as  folloios : 

Section  1.  The  Superintendent  of  Public  Works  is  hereby 
authorized  to  dredge  to  a  depth  not  exceeding  ten  feet  below 
mean  low  water  in  the  Hudson  river,  such  portions  of  the  Albany 
basin  as  shall,  in  tlie  opinion  of  the  said  Superintendent  of  Public 
Works  and  the  State  Engineer  and  Surveyor,  be  for  the  best 
interests  of  the  commerce  of  the  State  and  the  protection  of  the 
public  health.  The  dredging  herein  contemplated  shall  be  done 
upon  plans  and  estimates  furnished  and  approved  by  the  State 
Engineer  and  Surveyor,  and  the  work  shall  be  completed  prior  to 
the  first  day  of  December,  eighteen  hundred  and  ninety-five. 

§  2.  The  sum  of  fifteen  thousand  dollars,  or  so  much  thereof  as 
may  be  necessary,  is  hereby  appropriated  out  of  any  moneys  in 
the  treasury  not  otherwise  appropriated,  for  the  work  herein  con- 
templated, to  be  paid  by  the  Treasurer  upon  the  warrant  of  the 
Comptroller  to  the  order  of  the  Superintendent  of  Public  Works. 

§  3.  This  act  shall  take  effect  immediately. 


City  of  Albany.  40 L 

CHAPTER  982  OF  THE  LAWS  f)F  1895. 

An  Act  to  provide  for  the  protection  of  tlie  pul)lic  liealtli  and  for 
the  improvement  of  the  AlV)an.v  basin. 
Passed  without  the  acceptance  of  the  city. 
Became    a   law    June   11.    1895,    with   the    approval    of    the    Governor. 
Passed,   three-fifths  being  present. 

Th£  People  of   the  State  of  New    York,    represented  in  Senate  and 
Assembly,    do  enact  as  follows: 

Section  1.  Upon  the  application  of  the  owner  of  any  of  the  laud 
and  wharfage  rights  upon  the  Avesterly  side  of  the  Albany  basin 
in  the  city  of  All)any,  within  the  limits  of  the  bulkhead  line 
hereinafter  fixed  and  established,  the  Commissioners  of  the  Land 
Office  of  the  State  of  New  York  are  hereby  authorized  and 
directed  to  grant,  release  and  convey  by  letters  patent  duly 
executed,  to  such  owner,  all  the  right,  title  and  interest  of  the 
State  of  New  York  of,  in  and  to  the  land  undt-r  water  in  front 
of  or  adjacent  to  the  land  of  such  owner,  to  said  bulkhead  line 
and  to  the  pier  line  hereinafter  fixed  and  established  upon  condi- 
tion that  such  owner,  his,  her  or  its  heirs,  successors  or  assigns 
shall  keep  such  parts  thereof  as  shall  not  be  by  such  owner,  his, 
her  or  its  heirs,  successors  or  assigns,  filled  in  with  solid  filling, 
properly  dredged  and  cleaned  out  so  that  the  same  shall  be  avail- 
able for  the  purposes  of  commerce  and  not  detrimental  to  pultlic 
health. 

§2.  The  city  of  Albany  is  hereby  authorized  to  grant  and 
release  to  any  such  owner  to  whom  a  grant  has  been  made,  as 
provided  in  the  first  section  of  this  act.  and  to  liis,  her  or  its  heirs, 
successors  or  assigns,  all  the  riglit,  title  and  interest  of  such  city 
of.  in  and  to  any  lands  under  water  granted  as  provided  in  the 
first  section  of  this  act  on  condition  that  such  owner,  his,  her  or 
its  heirs,  successors  or  assigns  grant  and  convey  to  said  city  a 
right  of  way  through  or  under  such  lands  for  the  puiTose  of  con- 
structing and  maintaining,  through  or  under  the  same,  one  or 
more  sewers,  and  conditioned  further  that  such  owners  to  whom 
grants  are  made  as  hereinbefore  provided  shall  covenant  and 
agree  to  and  with  the  city  of  Albany  to  pay  all  the  necessary 
costs  of  the  construction  of  the  extension  of  the  city  sewers  and 
the  cost  of  the  building  of  any  intersecting  sewer  which  may,  by 
said  city  of  Albany,  be  found  necessarj-,  all  of  which  sewers  shall 

26 


402  Laws  Relating  to  the 

be  constructed  by  the  city  of  Albany  in  accordance  witli  plans  to 
be  adopted  by  the  Board  of  Contract  and  Apportionment,  of  said 
city  and  conditioned  further  that  such  owners,  his,  her,  or  Its 
heirs,  successors  or  assigns  shall  grant  and  convey  to  said  city  of 
Albany,  a  right  of  way  through  and  under  such  lands,  for  the 
perpetual  protection  and  maintenance  of  the  intake  and  conduit 
used  to  convey  the  water  from  the  Hudson  river  to  the  pumping 
station  at  the  corner  of  Quackenbush  and  Montgomery  streets,  in 
said  city  of  Albany.  No  building  shall  be  erected  upon  the  land 
made  by  said  filling  along  the  line  of  the  said  conduit,  and  the 
city  of  Albany  shall  have  a  perpetual  easement  upon  such  land 
along  the  line  of  said  conduit  for  a  width  of  thirty  feet  for  the 
purpose  of  the  proper  maintenance  of  said  conduit.  If  an  inter- 
cepting sewer  is  constructed  in  accordance  with  plans  as  above 
provided,  the  waste  waters  from  lock  number  one  of  the  Erie 
canal  shall  be  utilized  in  flushing  said  sewer. 

§  3.  A  line  drawn  southerly  from  the  end  of  the  pier  of  lock 
number  one  of  the  Erie  canal  along  the  present  westerly  bound- 
ai-y  of  the  Albany  basin  to  the  northerly  line  of  Lumber  street, 
and  thence  in  a  straight  line  to  the  intersection  of  the  southerly 
line  of  Hudson  avenue  with  the  easterly  line  of  Quay  street.  Is 
hereby  fixed  and  established  as  the  bulkhead  line  on  the  west 
side  of  the  Hudson  river  between  said  points.  No  dock  or  pier 
shall  be  erected,  or  filling  in  done,  easterly  of  said  bulkhead  line, 
except  between  the  north-easterly  line  of  Colonie  street,  produced 
south-easterly  to  the  pier  line  hereinafter  fixed  and  established, 
and  a  line  drawn  parallel  to  and  one  hundred  feet  distant  south- 
erly from  the  southerly  line  of  Columbia  street,  produced  easterly 
to  the  pier  line  hereinafter  fixed  and  established. 

§  4.  The  easterly  line  of  the  mole  or  pier  in  the  Hudson  river 
constructed  under  and  pursuant  to  chapter  one  hundred  and 
eleven  of  the  Laws  of  eighteen  hundred  and  twenty-three,  and  the 
acts  amendatory  thereof  and  supplemental  thereto,  from  the  inter- 
section of  the  said  easterly  line  with  the  north-easterly  line  of 
Colonie  street,  produced  south-easterly,  to  the  intersection  of  said 
easterly  line  with  said  line  parallel  to  and  one  hundred  feet  dis- 
tant southerly  from  said  southerly  line  of  Columbia  street,  is 
hereby  fixed  and  established  as  the  pier  line  between  said  points, 
easterly  of  which  there  shall  be  no  solid  filling. 

§  5.  The  filling  in  of  said  lands,  and  the  construction  of  docks 
and  slips  thereon,  within  the  limits  of  the  bulkhead  and  pier 


CiTT  OF  Albany.  403 

lines  fixed  and  established  by  sections  three  and  four  of  this  act, 
shall  be  done  in  accordance  with  a  plan  or  plans  with  reference 
to  said  Albany  basin,  to  be  approved  by  the  State  Engineer  and 
Superintendent  of  Public  Works  of  the  State  of  New  York,  and 
witu  reference  to  the  sewers  of  the  city  of  Albany  having  their 
outlets  therein  according  to  plans  to  be  approved  by  the  Board  of 
Contract  and  Apportionment  of  said  city,  and  said  city  of  Albany 
is  hereby  authorized  under  and  in  accordance  with  the  conditions 
specified  iu  the  second  section  hereof  to  construct  and  make  such 
change  or  changes  in  and  additions  to  the  sewers  of  said  city 
having  their  outlets  in  said  basin  as  may  be  necessary  to  convey 
and  discharge  the  sewage,  now  discharged  into  said  basin,  below 
the  most  southerly  point  affected  by  this  act. 
§  6.  This  act  shall  take  effect  immediately. 

CHAPTER  469  OF  THE  LAWS  OF  1837. 

An  Act  to  authorize  the  proprietors  of  the  Albany  pier  to  increase 

the  width  of  the  said  pier. 

Passed  May  16,  1837. 

The    People  of  the   Stale   of   Ne.c    York,    represmied   in   .Senate  and 
AsHcmhly,   do  enact  as  foUivra  : 
Width,  how  to  be  increased. 

Section  1.  It  shall  be  lawful  for  the  proprietors  of  the  Albany 
pier  at  a  public  meeting  of  said  proprietors  to  be  convened 
according  to  law.  to  decide  on  the  expediency  of  adding  to  the 
width  of  the  said  pier,  so  that  the  same  shall  not  be  increased  in 
width  at  any  one  place  more  than  forty  feet.  And  if  the  said 
proprietors  shall,  by  a  legal  vote,  deem  it  expedient  to  add  to  the 
width  of  said  pier,  then  it  shall  be  lawful  for  them  to  make  the 
addition  to  the  width  thereof  on  the  east  side  thereof,  and  to  col- 
lect the  amount  of  the  expenses  of  such  widening  by  assessing 
and  charging  the  several  pier  lots  and  parts  of  lots  with  such 
sum  as  will,  when  compared  to  the  whole  amount  of  expenditure, 
be  in  proportion  to  the  increased  number  of  superficial  feet  added 
to  such  lot;  to  be  collected  by  the  said  proprietors  from  the 
owners  of  the  several  lots  in  the  manner  provided  in  the  cove- 
nants contained  in  the  several  original  grants  for  the  said  pier 
lots  for  the  collection  of  other  contingent  expenses  that  may  be 
incurred  in  and  about  the  said  pier. 


404  Laws  Relating  to  the 

Passage-way. 

§2.  Wliou  the  said  pier  shall  I»e  so  widened,  as  aulhorizt'd  by 
this  act,  the  said  proprietors  shall  widen  the  pass-way  on  the  east 
side  of  the  said  pier,  so  that  the  said  pass-way  shall  be  forty  feet 
wide  in  snch  parts  of  the  said  pier  wliere  the  same  shall  have 
been  increased  forty  feet  in  width,  and  so  in  proportion  where 
the  width  of  the  said  pier  shall  have  been  increased  in  a  less  pro- 
portion, rrovided,  however,  that  the  consent  of  the  corporation 
of  the  city  of  Albany  to  the  authority  hereby  given  to  increase 
the  width  of  the  said  pier,  shall  be  made  in  writing  and  tiled  with 
the  Secretary  of  State  within  sixty  days  after  the  passage  of  this 
act,  approving  thereof. 


CHAPTER  113  OF  THE  LAWS  OF  1841. 
An  Act  to  extend  the  opening  in  the  Albany  pier  between  Colum- 
bia street  and  State  street. 

Passed  April  20,  1841 ;  by  a  two-lhird8  vote. 

The    People  of  the   State  of  New    York,    represented  in   Senate   and 
Assembly,   do  enact  as  follows  : 

Opening  to  be  enlarged  to  126  feet  in  width. 

Section  1.  The  Mayor,  Aldermen  and  Commonalty  of  the  city 
of  Albany  shall,  as  soon  as  practicable,  cause  the  opening  from 
the  Hudson  river  into  the  Albany  basin,  lieretofore  made  in  pur- 
suance of  the  act  entitled  "An  act  to  amend  'An  act  to  improve 
the  navigation  of  the  Albany  basin,'  passed  April  fourteenth, 
eighteen  hundred  and  thirty-six,"  to  be  enlarged  and  extended  on 
the  north  side  of  said  opening,  so  that  the  same,  when  so  enlarged 
and  extended,  shall  be  not  less  than  one  hundred  and  twenty-six 
feet  in  width;  and  shall  also  cause  a  sidewalk,  path  or  passage- 
way, of  the  width  of  four  feet,  on  the  Albany  pier,  across  the 
same,  on  the  north  side  of  said  enlarged  opening,  to  be  con- 
structed and  kept  open. 

Provision  as  to  draw  or  swivel-bridge,  etc.,  repealed. 

§  2.  All  that  portion  of  the  first  section  of  the  said  "  Act  to 
amend  '  An  act  to  improve  the  navigation  of  the  Albany  basin,' " 
which  requires  a  sutficient  draw  or  swivel-bridge  to  be  built  over 
the  passage-way  on  the  easterly  side  of  the  said  pier,  together 
with  the  fifth  and  sixth  sections  of  the  act  aforesaid,  are  hereby 


City  of  Albany.  405 

repealed.  But  such  repeal  is  not  to  take  effect  unless  the  opening 
in  said  pier,  referred  to  in  the  first  section  of  this  act,  shall  be 
enlarged  as  herein  authorized. 

Three  appraisers  to  be  appointed  by  the  Governor.-Damages 
to  be  assessed,  apportioned  and  returned  to  the  Common 
Council. 
§  3.  It  shall  be  the  duty  of  the  Governor  of  this  State,  on  the 
application  of  said  Mayor,  Aldermen  and  Commonalty  of  said 
city  of  Albany,  to  be  made  within  ninety  days  after  this  law  shall 
tiike  effect,  to  appoint  three  competent  and  disinterested  free- 
holders, who  shall  not  be  residents  of  said  city  of  Albany,  who 
shall  ascertain  the  owners  of.  and  appraise  the  value  of  each  and 
every  of  the  pieces  of  property  which  it  sliall  be  necessary  to  take 
and  appropriate  for  such  opening,  and  certify  the  same,  within 
thirty  davs  after  their  appointment,  to  said  Mayor,  Aldermen  and 
Comnionaltv.    And  after  such  property  shall  be  taken  and  appro- 
priated, and  said  opening  fully  completed,  said  commissioners 
shall  assess  all  damages  that  shall  be  sustained  by  the  owner  or 
owners  of  any  ropeity  taken,  or  in  any  manner  injured  in  its 
value  by  the  improvement  directed  by  this  act.  and  ascertain  the 
whole  expense  of  such  improvement,  and  make  an  assessment 
and  apportionment  of  the  whole  expense  of  such  improvement, 
including  the  appraised  value  of  the  land  taken,  the  damage  to 
all  lands  affected  by  sucli  improvement,  and  the  expense  of  the 
whole    improvement,    including    lawful    interest    on    all    sums 
of    monev    advanced    by    said    city    upon    all    buildings,    lots, 
wharves.'  docks   and   pier  lots  benefited   by   the   said  improve- 
ments,  in   proportion   to  the   advantages   which   eacli    shall   be 
deemed  to  acquire;    specifying  in  said  apportionment  the  name 
or  names  of  the  owner  or  owners,  occupant  or  occupants  of  each 
of  such  buildings,  lots,  whai-ves.  docks  and  pier  lots  benefited,  as 
far  as  the  nature  of  the  case  will  admit,  and  such  apportionment, 
having  been  signed  by  the  said  commissioners,  or  a  majority  of 
tliem.  shall  be  returned  to  the  said  Mayor.  Aldermen  and  Com- 
monalty within  ninety  days  from  the  time  the  same  is  made. 

Duty  of  Common  Council. 

§4.  When  said  assessment  and  apportionment  is  thus  returned 
by  tliem.  tlie  said  Mayor.  Aldermen  and  Commonalty  shall  cause 
pHblic  notice  of  such  apportionment  to  be  given  in  one  or  more 


406  Laws  Relating  to  thr 

of  the  newspapers  printed  in  said  city  for  tliirty  days;  and  if  no 
good  cause  be  sliowu  against  tlie  confirmation  of  said  apportion- 
ment, within  the  time  last  aforesaid,  the  same  shall,  when 
approved  by  the  said  Mayor,  Aldermen  and  Commonalty,  be  con- 
firmed and  filed  in  the  oflSce  of  the  Clerlj  of  the  Common  Council 
of  said  city,  and  shall  be  binding  and  conclusive  upon  the  owner 
or  owners  of  the  lots,  buildings,  wharves,  docks  and  pier  lots 
mentioned  in  said  apportionment;  and  the  said  apportionment 
shall  be  and  remain  a  lien  upon  the  buildings,  lots,  wharves, 
docks  and  pier  lots  mentioned  therein,  from  the  time  of  such  con- 
firmation by  the  said  Mayor,  Aldermen  and  Commonalty  until 
the  same  shall  be  paid  or  satisfied;  and  if  the  amount  or  sum 
thus  apportioned  and  assessed  be  not  paid  when  demanded,  the 
same  shall  be  collected  in  the  manner  prescribed  in  the  fifth  sec- 
tion of  the  act  relative  to  the  city  of  Albany,  passed  April  fifth, 
eighteen  hundred  and  twenty-eight,  and  the  amount  of  damage 
thus  assessed  and  confirmed  shall  be  paid  to  the  persons  entitled 
to  the  same. 

Amount  of  value  to  be  deposited  in  a  bank. 

§  5.  Upon  receiving  the  certificate  of  appraisal  of  the  value  of 
the  property  to  be  taken  and  appropriated  for  the  said  enlarge- 
ment of  such  opening,  made  by  the  said  commissioners  in  pur- 
suance of  the  third  section  of  this  act,  the  Mayor,  Aldermen  and 
Commonalty  shall  deposit  in  some  solvent  bank  in  the  city  of 
Albany,  to  the  credit  of  the  owner  or  owners  of  each  and  every 
piece  or  parcel  of  property  so  appraised,  or  shall  pay  to  such 
owner  or  owners,  respectively,  a  sum  of  money  equal  to  the 
appraised  value  of  such  pieces  or  parcels  of  property  respectively. 
And  if  any  deposit  shall  be  so  made,  notice  of  the  same  shall  be 
immediately  published  by  the  said  Mayor,  Aldermen  and  Com- 
monalty, in  the  fetate  paper  for  ten  days,  specifying  the  name  of 
the  person  to  whose  credit  said  deposit  has  been  made,  the 
amount  thereof  and  in  what  bank  deposited;  upon  making  such 
deposit  said  Mayor,  Aldermen  and  Commonalty  may  enter  upon 
and  take  possession  of  the  laud  and  property  so  appraised  and 
proceed  to  make  such  enlarged  opening,  and  may  remove  said 
bridge  over  said  cut  and  the  fixtures  thereunto  appertaining. 

Account  of  expenditures  to  be  kept. 

§  6.  An  accurate  account  of  the  expenditures  by  the  said  Mayor, 
Aldermen  and  Commonalty,  of  the  said  improvements  shall  be 


City  of  Albany.  407 

kept    and  a  copy  thereof  filed  in  the  office  of  the  Clerk  of  the 
Common   Council   of   said   city,   after   it   shall   have   been   duly 
examined  by  the  Mayor,  Aldermen  and  Commonalty,  and  certified 
by  them  to  be  correct,  before  any  part  of  the  said  expenses  shall 
be  collected  in  pursuance  of  the  provisions  of  this  act. 
Common  Council  to  repair  damages  that  may  occur  by  reason 
of  the  opening  in  the  pier. 
§  7    If  at  any  time  hereafter  the  said  pier,  or  any  part  thereof, 
or  the  buildings  or  property  thereon,  or  the  bridges  crossing  the 
Albany  basin  shall  be  destroyed  or  in  any  manner  injured,  m  con- 
sequence of  the  making  of  the  opening  in  the  said  pier,  under  the 
act  of  April  fourteen,  one  thousand  eight  hundred  and  thirty-six, 
referred  to  in  the  first  section  of  this  act,  or  of  the  enlargement 
of  the  said  opening  hereby  directed  to  be  made,  it  shall  be  the 
duty  of  the  said  Mayor,  Aldermen  and  Commonalty,  and  they  are 
hereby  required  to  rebuild  such  part  thereof  as  may  be  destroyed, 
or  repair  the  same  if  injured,  in  a  substantial  manner;   and  the 
expense  of  such  rebuilding  and  repairs  shall  be  ascertained  m  the 
manner  prescribed  in  the  sixth  section  of  this  act;    and  it  shall 
be    assessed   and    apportioned    by    three    commissioners,    to    be 
appointed  by  the  Governor  of  this  State,  in  the  same  manner  and 
with  the  like  force  and  effect  as  directed  by  the  third  section  of 
this  act;    which  commissioners  shall  in  like   manner  sign  and 
return  the  same;    and  the  said  Mayor.  Aldermen  and  Common- 
alty shall  proceed  thereon  in  the  like  manner  and  with  the  like 
power,  force  and  effect  as  declared  in  the  third  section  of  this 
act;  provided  that  no  part  of  the  expense  mentioned  in  this  sec- 
tion  shall   be   assessed    against   or    charged    upon    any    of   the 
property  upon  said  pier;  and  the  seventh  section  of  the  aforesaid 
act,  passed  April  fourteenth,  one  thousand  eight  hundred  and 
thirty-six,  is  hereby  repealed. 
Ice  breaker  to  be  constructed  at  opening. 

§  8  The  said  Mayor,  Aldermen  and  Commonalty  shall  cause  to 
be  constructed  at  the  north-east  corner  of  the  said  enlarged  open- 
ing a  good  and  substantial  ice-breaker,  the  expense  whereof  shall 
be  included  in  the  expense  directed  to  be  assessed  and  apportioned 
by  the  third  section  of  this  act,  and  shall  keep  the  same  in  repair; 
and  the  expenses  of  such  repairing  shall  be  ascertained,  assessed, 
apportioned  and  collected  in  the  manner  prescribed  in  the  seventh 
section  of  this  act. 


408  Laws  Relating  to  the 

Timber  materials  of  draw-bridge  to  be  sold. 

§  9.  The  said  Mayor,  Aldeniu'ii  and  Coiuinoualty  ai'e  hereby 
directed  and  required  to  sell  or  otherwise  dispose  of  such  of  the 
timber  and  materials  composing  the  draw-bridge  now  con- 
structed, over  the  opening  in  said  pier,  as  sliall  remain  after  such 
improvement  is  completed,  and  apply  the  avails  of  the  same 
toward  defraying  the  expenses  of  the  improvement  hereby 
directed  to  be  made. 

Pay  and  charges  of  Commissioners  to  be  included  in  assess- 
ment. 
§  10.  It  shall  be  the  duty  of  the  commissioners  appointed  under 
this  act,  to  make  the  assessment  and  apportionment  as  hei'ein 
provided,  to  add  to  tlio  amount  of  the  expenses  of  the  said 
improvement  and  damages  aforesaid  the  cost  and  charges  inci- 
dent to  their  proceedings  as  such  commissioners,  together  with 
the  amount  of  their  compensation  as  herein  provided  for,  which 
shall  previous  thereto  be  taxed  and  certified  as  to  the  amount, 
by  the  Mayor  or  Recorder  of  said  city;  and  such  damages  and 
expenses,  together  with  the  said  costs,  charges  and  compensation 
to  be  taxed  and  certified  as  aforesaid,  shall  constitute  the  amount 
to  be  apportioned  and  assessed  by  the  said  commissioners,  as 
hereinbefore  provided. 

Vacancies,  how  to  be  filled. 

§  11.  If  any  vacancy  shall  happen  in  any  Board  of  Commis- 
sioners appointed  as  aforesaid,  the  Governor  of  the  State,  on 
notice  thereof  being  given  him  by  the  said  Mayor,  Aldermen  and 
Commonalty,  shall  appoint  some  person,  not  a  resident  of  the  said 
city,  to  supply  such  vacancy. 

Pay  of  Commissioners;  also  to  take  oath  of  office. 

§  12.  The  commissioners  appointed  as  aforesaid  shall  each 
receive  four  dollars  per  day  while  engaged  in  discharging  of  the 
duty  hereby  imposed;  and  before  proceeding  to  the  execution  of 
tliese  duties,  severally  malie  oath  or  aflirmation  before  some 
proper  ofiicer  authorized  to  talie  affidavits  to  be  read  in  a  Court 
of  Record,  honestly  and  impartially  to  execute  the  trusts  reposed 
in  them  as  commissioners  under  this  act,  which  oath  or  affirma- 
tion shall  be  in  writing,  and  shall  be  filed  in  the  office  of  the 
Clerk  of  the  Common  Council  of  said  city. 


City  of  Albany.  409 

Deficiencies  in  certain  cases  to  be  paid  by  Common  Council. 

§  13.  In  case  the  commissioners  appointed  under  any  of  the  pro- 
visions of  this  act,  to  make  any  of  the  assessments  and  appor- 
tionments herein  and  hereby  authorized  to  be  made,  shall  ascer- 
tain that  the  apportionment  of  any  damages  or  expenses  to  be 
made  by  them  on  the  property  benefited,  does  not  equal  the 
amount  of  the  damages  assessed  and  awarded  by  them  for 
injuries  done  or  expenses  incurred,  they  shall  certify  the  amount 
of  such  deficiency  in  their  return  of  the  said  assessment  and 
apportionment,  and  such  deficiency  shall  be  paid  and  borne  by 
the  said  Mayor,  Aldermen  and  Commonalty  of  the  city  of  Albany, 
out  of  the  contingent  funds  of  said  city,  and  the  amount  thereof 
shall  be  assessed  and  collected  from  the  taxable  real  estate  in 
said  city,  in  the  same  manner  as  the  other  expenses  of  said  city 
are  levied,  assessed  and  collected. 

§  14.  This  act  shall  take  effect  immediately. 


CHAPTER  356  OF  THE  LAWS  OF  1837. 

An  Act  for  the  appointment  of  a  Harbor  Master  for  the  port  of 

Albany. 

Passed   May  8,   1837. 

The  People  of  the  Stale  of  New  York,  represented  in.  Senate  and 
Assembly,   do  enact  as  follows: 

Harbor  Master  to  be  appointed. 

Section  1.  The  Governor  shall  nominate,  and,  with  the  advice 
and  consent  of  the  euate,  appoint  some  proper  person  Harbor 
Master  for  the  port  of  Albany. 

The  said  port  of  Albany  sliall  comprehend  within  its  limits  all 
that  portion  of  the  Hudson  river  situate  in  front  of  the  city  of 
Albany,  and  extending  northerly  two  miles  beyond  and  southerly 
two  miles  below  tlie  boundaries  of  said  city,  together  with  all  the 
wharves,  slips  and  basins  within  the  tide-water  limits  aforesaid, 
and  connecting  with  said  river. 

(As  amended  by  chapter  374,  Laws  of  1866,  sec.  1.) 

Duty  of  Harbor  Master. 

§  2.  It  shall  be  the  duty  of  such  Harbor  Master  to  regulate  and 
station  all  vessels  in  the  Hudson  river,  within  the  limits  of  the 


410  Laws  Relating  to  the 

said  port  of  Albany,  and  tho  piors  and  wharves  thereof,  and  to 
remove  from  time  to  time  such  sloops  and  other  vessels  as  are  not 
employed  in  receiving  and  discharging  their  cargoes,  to  accommo- 
date others,  and  also  to  prevent  sloops,  canal  boats  and  vessels 
of  every  description,  from  obstructing  for  an  unreasonable  time 
the  sever-al  passages  or  entrances  into  the  basin  of  the  city  ot 
Albany. 

(As  amended  by  chapter  374,  Laws  of  1866,   sec.  2.) 

Penalty  for  opposing  or  neglecting  his  orders. 

§  3.  The  said  Harbor  Master  shall  have  authority  to  determine 
how  far,  and  in  what  instances,  it  is  the  duty  of  masters  and 
others  having  charge  of  vessels  to  accommodate  each  other  in 
their  respective  situations;  and  if  any  master  or  other  person 
having  control  of  vessels  within  the  limits  aforesaid,  shall  neglect 
or  refuse  to  obey  the  directions  of  the  said  Harbor  Master  in 
matters  within  his  authority,  or  if  any  person  whatsoever  shall 
resist  or  oppose  the  said  Harbor  Master  in  the  execution  of  the 
duties  of  his  office,  such  person  or  persons  shall,  for  every  such 
ofiEense,  forfeit  and  pay  the  sum  of  fifty  dollars,  to  be  recovered, 
with  costs  of  the  suit,  in  the  name  of  the  Mayor,  Aldermen  and 
Commonalty  of  the  city  of  Albany,  in  any  court  having  cogni- 
zance of  the  same;  and  all  moneys  so  collected  shall  be  applied 
to  the  support  of  the  poor  of  the  said  city  and  county  of  Albany. 
(As  amended  by  chapter  374,  Laws  of  1866,  sec.  3.) 

Anchors  to  be  taken  on  deck. 

§  4.  All  vessels  shall,  on  coming  to  the  wharves,  take  in  their 
anchors  upon  deck,  so  as  to  prevent  injury  therefrom  to  other 
vessels;  and  all  vessels  shall  rig  in  their  jib  boom  on  coming  to 
the  wharves. 

Vessels  may  be  removed. 

§  5.  The  Harbor  Master  shall  have  power  to  move  any  vessel, 
lying  within  the  limits  aforesaid,  without  any  person  having 
charge  of  the  same,  at  the  expense  of  the  master  or  owner  of  the 
vessel. 

Fees. 

§  6.  All  steamboats,  propellers,  barges,  boats  or  vessels  of  any 
description  which  shall  enter  the  said  port  of  Albany,  or  load  or 


City  of  Albany.  411 

unload  or  make  fast  to  any  wharf  therein,  shall  pay  to  the  said 
Harbor  Master  for  his  services  under  this  act  the  sum  of  one  and 
a  half  cents  per  ton  per  annum,  said  fee  to  be  computed  from  the 
registered  tonnage  of  such  vessels  if  registered.  Such  fee  shall 
be  paid  by  the  master,  owner  or  consignee  of  such  vessels  to  the 
Harbor  Master,  or  to  persons  authorized  by  him  to  collect  the 
same,  within  forty-eight  hours  after  the  arrival  of  such  vessel, 
and  in  default  thereof,  if  the  same  shall  have  been  first  duly 
demanded,  such  master,  owner  or  consignee  on  whom  such 
demand  shall  have  previously  been  made,  shall  pay  double  the 
amount  of  such  fees,  to  be  sued  for  and  recovered,  together  with 
the  costs,  in  the  name  of  the  Harbor  Master  of  the  said  port,  in 
any  court  having  cognizance  thereof.  But  all  boats  employed 
in  navigating  the  canals  belonging  to  the  State  of  New  York, 
which  shall  only  enter  tide-water  for  the  purpose  of  being  towed 
out  of  the  jurisdiction  of  said  port,  shall  be  exempted  from  the 
provisions  of  this  section,  but  such  exemption  shall  not  apply  to 
such  boats  when  receiving  or  discharging  cargoes  or  portions 
thereof  in  tide-water  within  the  limits  of  said  port,  nor  shall  such 
exemption  apply  to  boats  navigating  the  canals  of  private  com- 
panies or  corporations. 

(As   amended  by   chapter  374,   Laws  of  1866,   sec.   4.) 

§  7.  The  said  Harbor  Master  shall  have  power  to  employ  assist- 
ants in  collecting  the  fees  chargeable  under  this  act,  and  in  case 
of  his  sickness,  inability  or  absence,  he  shall  have  power,  by  and 
with  consent  of  the  Mayor  of  the  city  of  Albany,  to  appoint  some 
proper  person,  to  act  in  his  stead,  and  perform  the  duties  of  said 
office  during  such  sickness,  inability  or  absence. 

(As  amended  by  chapter  374,  Laws  of  1866,  sec.  5.) 

His  fees  for  settling 'disputes. 

§  8.  In  case  the  said  Harbor  Master  is  called  upon  to  decide  any 
disputes  between  the  masters  of  vessels,  as  to  berths,  the  paity 
in  fault,  by  the  decision  of  the  Harbor  Master,  shall  pay  to  the 
Harbor  Master  the  sum  of  two  dollars;  and  in  case  both  parties 
are  in  fault,  each  shall  pay  the  sum  of  one  dollar. 

To  report  yearly. 

§  9.  Said  Harbor  Master  shall  keep  an  exact  account  of  all 
moneys  received  by  him  as  such  Harbor  Master,  and  shall  report 


412  Laws  Ee latino  to  the 

the  saDio  to  the  Legislature,  each  and  every  year,  on  or  before 
the  hrst  day  of  February. 

Act  to  take  effect. 
§  10.  This  act  shall  take  effect  on  the  passage  thereof. 


CHAPTER  158  OF  THE  LAWS  OF  1850. 

An  Act  in  relation  to  the  prices  of  wharfage  hereafter  to  be 
charged  for  vessels  loading  at  the  pier  on  the  east  side  of  the 
city  of  Albany. 

Passed  April  5,  1850. 
'J he  People  of   the  Stale  of  New    York,   repreaented  in    Senate  and 

Assembit/.    do  enact  as  foUoics  : 

Charges  for  wharfage  fixed. 

Section  1.  For  all  vessels,  boats  or  other  craft  navigating  the 
Hudson  river,  excepting  such  boats  as  are  excepted  in  the  fifth 
section  of  the  act  entitled  'An  act  authorizing  the  construction 
of  a  basin  in  the  city  of  Albany,  at  the  termination  of 
the  Erie  and  Chaniplain  ctiuals."  passed  April  five,  eighteen 
hundred  and  twenty-three,  which  shall  come  to  and  lie  at  the  pier 
or  mole  on  the  east  side  of  said  city,  and  on  the  east  side  of  said 
pier  or  mole;  and  for  all  boats,  vessels,  flats,  or  other  crafts, 
except  such  as  are  hereinbefore  excepted,  which  shall  make  fast 
to  said  pier  or  mole  on  either  side  thereof,  there  shall  be  paid  by 
the  owners  or  masters  of  such  vessels,  boats  or  other  craft,  the 
following  sum  for  wharfage  to  wit:  For  the  season,  for  every 
vessel,  craft,  boat  or  fiat,  of  the  burthen  of  five  tons  or  under,  one 
dollar  and  six  cents;  if  above  that  burthen,  at  the  rate  of  thirty- 
seven  cents  per  ton;  if  for  a  less  time  thah  the  season,  for  every 
vessel,  craft,  boat  or  flat,  of  the  burthen  of  five  tons  or  under,  ten 
cents  per  day;  if  over  five  tons  and  under  twenty  tons,  two  cents 
per  ton  per  day;  over  twenty  and  under  forty,  one  and  a  half 
cents  per  ton  per  day;  over  forty  tons,  one  and  a  quarter  cents 
per  ton  per  day;  but  no  wharfage  shall  be  charged  on  vessels  or 
boats  when  warping  out  or  into  the  basin,  or  on  canal  boats 
or  tow  boats  making  fast  to  steamboats  lying  on  the  east  side  of 
the  pier,  or  while  making  up  their  tows,  preparing  for  departure, 
or  coming  to  for  the  purpose  of  entering  said  basin. 


City  of  Albany.  413 

To  be  paid  to  owners  of  pier  lots. 

§2.  The  said  sums  shall  be  payable  to,  and  be  collected  by  the 
proprietors  of  the  lots  ou  said  pier  or  mole,  or  to,  and  by  such 
persons  as  they  or  the  owners  of  a  majority  of  tlie  pier  lots  shall 
appoint  as  their  Dock  Master  or  agent,  for  that  pui^ose;  and  any 
suit  for  tlie  collection  of  sucli  wharfage  may  be  brought  and 
maintained  in  tlie  name  of  such  Dock  Master  for  the  use  of  the 
parties  entitled  to  the  same. 

All  other  charges  forbidden. 

§3.  No  other  charge  for  wharfage  shall  hereafter  be  exacted 
by,  or  for  the  benefit  of  the  proprietors  of  said  mole  or  pier,  on 
or  for  any  boat,  vessel,  Hat  or  other  craft,  entering  the  basin 
formed  by  said  mole  or  pier,  tlinn  such  as  is  expressly  allowed 
by  this  act. 

Repeal. 

§  4.  All  laws  and  parts  of  laws  conflicting  with  tlie  provisions 
of  this  act,  are  hereby  repealed. 

§  5.  This  act  shall  take  effect  immediately. 


CHAPTER  560  OF  THE  LAWS  OF  1867. 
An  Act  to  authorize  the  Mayor.  Aldermen  and  Commonalty  of  the 
city  of  Albany,  to  establish  a  uniform  rate  of  wharfage  in  tlie 
port  of  Albany. 

Passed  April  22,  1S67;    three-fifths  being  present. 

2  he  People  of  the  State  of  New  York,  represented  in  Senate  and 
Assembly,   do  enact  as  folbncx  : 

Section  1.  The  power  which  the  Mayor,  Aldermen  and  Com- 
monalty of  the  city  of  Albany  possess,  to  determine  and  fix  the 
rate  of  Avharfage  to  be  paid  to  the  owners  of  the  docks  along 
Quay  street,  in  said  city,  by  the  owners  or  mastera  of  any  vessel 
liable  to  pay  wharfage,  shall  extend  to  and  include  all  the 
wharves  and  piers  in  tlie  harbor  and  port  of  Albany.  But  nothing 
herein  contained,  shall  in  any  manner  alter  or  repeal  section  five 
of  the  act  passed  April  fifth,  eighteen  hundred  and  twenty-three, 
authorizing  the  construction  of  a  basin  at  the  termination  of  the 
Erie  and  Champlaiu  canals.  No  charge  for  wharfage  or  dockage 
shall  be  made  against  or  collected  upon  any  canal  boat  engaged 
in  .the  navigation  of  the  canals  of  the  State,  when  passing  the 


414        ,»  Laws  Relating  to  the 

city  of  A11)aiiy,  either  in  tlie  caual  basin,  called  the  Albany  basin, 
or  in  the  Hudson  rivei',  outside  the  pier  constitutinj^  the  east  line 
of  said  canal  basin,   unless  said  canal  boats  sliall  be  actually 
engaged  in  receiving  or  discharging  cax'goes. 
§  2.  This  act  shall  take  effect  immediately. 


CHAPTER  405  OF  THE  LAWS  OF  1878. 
An  Act  to  regulate  the  use  of  certain  docks  in  the  city  of  Albany. 
Passed  June  10,  1878;    three-fifths  being  present. 

T/ie  People  of  the  State  of  Neio  York,  represented  in  Senate  and 
Assembly,   do  enact  as  foUoios  : 

Certain  docks  may  be  reserved  for  certain  purposes. 

Section  1.  Whenever  the  owners  or  lessees  of  any  docks  in  the 
city  of  Albany  shall  maintain  and  use  the  same  for  the  purposes 
required  in  the  loading  or  unloading  of  boats  by  means  of  a 
stationary  elevator,  the  docks  so  owned  or  leased  shall  be  kept 
and  reserved  for  the  exclusive  use  and  occupancy  of  the  boats 
so  loading  or  unloading,  to  the  extent  necessary  for  conducting 
and  doing  the  business  in  which  they  are  engaged. 

Removal  of  boats  or  vessels. — Penalty. — How  recovered. — To 
■whom  paid. 
§2.  It  shall  be  the  duty  of  the  Harbor  Master  of  the  said  city 
of  Albany  in  case  any  boat  or  vessel  (not  entitled  to  do  so  under 
the  provisions  of  this  act)  shall  lie  alongside  any  of  said  docks, 
to  cause  such  boat  or  vessel  to  be  removed  whenever  it  shall 
appear  that  there  is  any  boat  waiting  to  receive  or  discharge  a 
cargo  by  means  of  such  stationary  elevator,  according  to  the 
provisions  of  the  first  section  of  this  act.  and  such  Harbor  Master 
shall  have  power  forthwith  to  I'emove  such  boat  or  vessel  not 
entitled  to  the  use  of  such  dock  under  the  provisions  of  this  act, 
and  any  person  whatever  who  shall  resist  or  oppose  such  Harbor 
Master  in  the  performance  of  the  duties  of  his  office,  under  this 
act,  shall,  for  every  such  offense  forfeit  and  pay  the  sum  of  fifty 
dollars,  to  be  recovered,  with' the  costs  of  suit,  in  the  name  of 
such  Harbor  Master,  in  his  official  capacity  or  of  his  successors 
in  office.  All  such  fines,  when  so  collected,  shall  be  paid  one-half 
thereof  to  the  proprietors  of  such  stationary  elevator,  and  the 
remaining  half  to  the  Board  of  Governors  of  the  Albany  Hospital, 
for  the  use  and  benefit  of  such  hospital. 


City  of  Albany.  415 


Title   VII. 

RELATING  TO  PARKS  AND  PARK  COMMISSION. 


CHAPTER  582  OF  THE  LAWS  OF  1869. 

An  Act  in  relation  to  a  public  park  in  the  city  of  Albany. 

Passed  May  5,   18G9;    three-fifths  being  present. 

The  People  of  the  State  of  New  York,  represented  in  Senate  and 
Aii^enihly,    do  enact  as  follows  : 

Lands  set  apart  for  Washington  Park. 

Section  1.  The  property  in  the  city  and  county  of  Albany, 
known  as  the  burial-ground  property,  the  penitentiary  grounds 
and  alms-house  farm,  are  hereby  set  apart  and  devoted  to  the 
purposes  of  a  public  park,  to  be  known  as  the  Wasliington  I'ark 
of  the  city  of  Albany. 

Board  of  Trustees. — Recorder  to  act  as  counsel. 

§  2.  The  title  to  said  property  is  hereby  vested  in  a  Board  of 
Trustees,  to  consist  of  John  Bridgford,  Arthur  Bott,  George  Daw- 
son, Dudley  Olcott,  William  Cassidy,  John  Fair,  Rufus  W^.  Peck- 
ham,  Jr.,  Samuel  H.  Ransom  and  John  H.  Van  Antwei-p,  who 
shall  hold  it  in  trust  for  the  city  of  Albany,  for  the  purposes  of  a 
public  park  as  aforesaid.  The  Recorder  of  the  city  of  Albany  shall 
act  as  counsel  of  the  Board  of  Trustees  without  compensation. 

Trustees  may  receive  lands  by  gift,  devise,  etc.,  for  park. 

§  3.  The  said  trustees  shall  have  power  to  receive  by  gift, 
devise  or  bequest,  subject,  however,  to  all  existing  provisions  of 
law  relative  to  devises  by  last  will  and  testament,  such  lands  as 
may  be  conveyed  to  them  for  the  purposes  of  a  park  as  aforesaid, 
and  when  so  received  shall  hold  the  same  in  trust  for  the  city  of 
Albany,  for  the  exclusive  pui-poses  of  a  public  park. 


416  Laws  Relating  to  the 

Sale  of  Washington  parade  ground. — Funds,  how  applied. — 
Damages  for  closing  parade  ground,  how  assessed. 
§  4.  All  the  rij;ht.  title  and  interest  of  the  city  of  Albany  in  and 
to  tlie  property  iu  said  city  known  :is  the  Washington  parade 
ijround,  is  lien'l)y  vested  in  said  IJoard  of  Trustees,  and  it  shall 
he  the  duty  of  said  board  to  offer  said  grounds  for  sale  at  public 
auction,  upon  due  notice  being  given  through  the  newspapers  of 
the  city  of  Albany,  in  such  lots  and  at  such  times  as  they  may 
deem  expedient.  The  funds  so  derived  shall  be  known  as  the 
Washington  Park  fund  of  the  city  of  Albany,  and  shall  be  held 
by  said  trustees  iu  trust  for  tlie  purpose  of  extending,  improving 
and  placing  in  a  proper  condition  the  Washington  I'ark.  No  por- 
tion of  the  grounds  described  iu  the  first  section  shall  be  disposed 
of  or  iu  any  way  alienated  from  tlie  puiiioses  of  a  public  park. 
Three-fifths  of  any  sale,  damages,  costs  or  charges,  w^hich  shall 
be  incurred,  or  to  which  the  city  of  Albany  may  be  liable  by 
reason  of  the  closing  of  the  said  Washington  parade  ground,  and 
the  sale  of  the  same  by  said  commissioners  as  hereby  authorized, 
shall  be  assessed  upon  the  property  facing  and  contiguous  to  the 
property  hereby  set  apart  as  a  public  park,  and  the  remaining 
tAvo-fiftlis  paid  by  the  city  at  large. 

Purchase  of  additional   lands. — Proceedings   to   acquire  lands 
for  park. — Commissioners  may  detei'mine  as  to  expediency 
of  sale  of  parade  ground. — May  take  adjacent  grounds  by 
appraisal. — Assessment  therefor. 
§  5.  The  said  Board  of  Trustees  are  hereby  authorized  by  a  vote 
of  two-thirds  of  all  the  members  thereof,  and  by  the  consent  of 
two-thirds  of  the  Common  Council  of  said  city,  to  purchase  addi- 
tional lands  for  the  purpose  of  said  park,  but  no  purchase  shall 
be  made  exceeding  in  the  aggregate  one-half  of  the  sum  derived 
from  the  sale  of  the  property  as  authorized  by  the  fourth  section 
of  this  act.     The  said  Board  of  Trustees  are  empowered  iu  case 
of  inability  to  agree  with  the  owners  of  property  appropriated 
for  park  purposes  in  pursuance  to  this  section,  to  apply  to  the 
Supreme  Court  of  the  Third  Judicial  District,  for  the  appoint- 
ment of  commissioners  in  the  same  manner  as  is  prescribed  in 
chapter  one  hundred  and  forty  of  the  Laws  of  eighteen  hundred 
and  fifty,  entitled  "An  act  to  authorize  the  formation  of  railroad 
coi'porations  and  to  regulate  the  same."     Should  said  commis- 
sioners determine  that  it  is  inexpedient  to  close  and  sell  said 


City  of  A  lb  Ay  y.  417 

parade  ground,  they  are  hereby  authorized  to  take  by  appraisal, 
as  is  provided  in  this  section,  the  lots  lying  between  said  parade 
ground  and  the  burial  ground  pi'operty  mentioned  in  section  one; 
and  the  cost  of  the  same,  including  the  expenses  of  appraisal, 
shall  be  assessed  three-fifths  upon  the  property  fronting  on  said 
Washington  Park,  in  proportion  to  benefits;  the  balance  shall  be 
paid  out  of  the  city  treasury,  in  the  same  manner  as  provided  for 
assessments  in  section  four. 

Organization  of  trustees. — Salary  of  Secretary. 

§  6.  The  Board  of  Trustees  of  Washington  Park  of  the  city  of 
Albany,  herein  provided  for,  shall  meet  within  ten  days  after  the 
passage  of  this  act  and  organize  by  the  election  of  a  President 
and  Treasurer  from  their  number,  and  a  Secretary  who  may  or 
may  not  be  a  member  of  the  board,  in  its  discretion,  and  shall 
receive  such  salary  as  the  board  may  deem  just,  not  to  exceed 
the  sum  of  five  hundred  dollar.'^. 

Classifi^cation  of  Trustees. — Vacancies,  how  filled. — Mayor  to 
appoint  successors. 

§  7.  The  trustees  named  in  the  second  section  of  this  act  shall 
be  divided  into  three  classes,  who  shall  hold  their  offices  as 
follows: 

The  first  class  for  three  years;  the  second  class  for  six  years, 
and  the  third  class  for  nine  years.  The  trustees  who  are  to  com- 
prise the  respective  classes  shall  be  selected  by  said  Board  of 
Trustees  by  lot,  and  such  selection  shall  be  made  at  the  first 
meeting  for  organization,  as  provided  in  section  six.  All  vacan- 
cies for  the  unexpired  terms  in  the  board  shall  be  filled  by  the 
remaining  members  of  said  board.  The  successors  of  said  trus- 
tees shall  be  appointed  by  the  Mayor  of  the  city  of  Albany,  and 
hold  office  for  nine  years. 

Trustees  to  have  no  power  over  penitentiary  or  alms-house. 

§  8.  Nothing  in  this  act  contained  shall  be  construed  to  confer 
upon  the  Board  of  Trustees  any  title  in  or  power  over  the  peni- 
tentiary and  alms-house  buildings,  and  the  grounds  immediately 
adjacent  thereto. 

§  9.  This  act  shall  take  effect  immediately. 

27 


418  Laws  Relating  to  the 

CHAPTER  377  OF  THE  LAWS  OF  1870. 

An  Act  supplementary  to  "An  Act  in  relation  to  a  puV)lic  parlc  in 
the  city  of  Albany." 
Passed  April  23,   1870;    three-fifths  being  present. 

The  People  of  the  State  of  New    York,    represented   in   Senate   and 
Assembly,   do  enact  as  follows : 

Section  1.  [Repealed  l>y  chapter  45,  Law.s  of  1872,  §  16.] 
§  2.  [Repealed  by  chapter  45,  Laws  of  1872,  §  16.] 

Removal  of  buildings  from  lands. — Notice  of  removal. — Board 
may  direct  removal,  if  owners  neglect;  expense  to  be  paid 
by  sale  of  buildings. 
§  3.  It  shall  be  lawful  for  the  said  Board  of  Commissioners  to 
order  and  direct  the  removal  of  any  buildings  standing  on  any 
lots  or  other  real  estate  now  vested  in  them,  or  whicli  shall  have 
been  or  may  be  acquired  and  taken  as  aforesaid  for  any  of  the 
purposes  aforesaid,  on  giving  thirty  days'  previous  notice  to  make 
such  removal;  and  in  case  of  neglect  or  refusal  on  tlie  part  of 
such  owner  or  owners  to  remove  such  building,  it  shall  be  lawful 
for  the  said  board  to  direct  the  same  to  be  taken  down  and 
removed  at  the  expense  of  such  owner  or  owners,  to  be  paid  out 
of  the  proceeds  of  the  sale  of  the  materials  of  such  building, 
which  the  board  is,  in  such  cases,  authorized  to  cause  to  be  sold 
at  public  vendue  on  giving  eight  days'  previous  notice  of  the  time 
and  place  of  such  sale  in  one  of  the  newspapers  printed  in  the 
city  of  Albany. 

Recovery  of  awards  paid  through,  mistake. 

§  4.  In  case  any  sum  or  sums  which  shall  have  been  awarded 
as  aforesaid  shall  be  paid  by  the  said  Board  of  Commissioners, 
through  mistake,  to  any  person  or  persons  who  is  or  are  not 
legally  entitled  thereto,  it  shall  be  lawful  for  the  person  or  per- 
sons who  shall  be  legally  entitled  thereto,  his  or  their  heirs, 
executors  or  administrators,  or  for  the  said  Board  of  Commis- 
sioners, to  sue  for  and  recover  the  same,  with  lawful  interest  and 
costs  of  suit,  from  the  person  who  shall  have  received  such  sum 
or  sums,  in  any  action  for  money  had  and  received,  to  his  or 
their  use. 


City  of  Albany.  419 

Leases  and  agreements  upon  lands  taken,  to  cease  on  confirma- 
tion of  report.— Court  to  appoint  persons  to  determine  rents 
payable,  by  virtue  of  leases,  etc.— Determination  to  be 
binding. 
§  5.  In  all  cases  where  the  whole  of  any  lot  or  other  real  estate, 
which  is  subject  to  a  lease  or  other  agreement,  shall  be  required 
and  taken  by  the  said  Board  of  Trastees  for  any  of  the  purposes 
aforesaid,  all  the  covenants  and  stipulations  contained  in  such 
lease  or  agreement  shall,  upon  the  confirmation  of  such  award 
and  report  as  aforesaid,  by  the  said  court,  cease,  determine,  and 
be  absolutely  discharged;  and  in  all  cases  where  a  part  only  of 
such  lot  or  other  real  estate  shall  be  required  and  taken  as  afore- 
said, the  covenants,  contracts  and  stipulations  shall  cease,  deter- 
mine and  be  absolutely  discharged,  so  far  only  as  relates  to  such 
part;  and  it  shall  be  lawful  for  the  said  court,  upon  the  applica- 
tion in  writing  of  either  the  landlord  or  tenant  or  other  party 
interested  in  the  part  of  such  lots  or  real  estate,  to  appoint  three 
disinterested  freeholders,  inhabitants  of  the  said  city,  to  deter- 
mine the  rents  to  be  thereafter  payable  by  virtue  of  such  lease 
or  agreement,  for  the  residue  of  such  lot  or  real  estate  which 
shall  be  required  and  taken  as  aforesaid;  and  the  determination 
in  writing,  under  the  hands  of  the  pei-sons  so  appointed,  or  any 
two  of  them,  on  being  confirmed  by  the  said  court,  shall  be  con- 
clusive and  binding  on  all  parties  wlio  may  be  interested  in  the 
part  of  such  lot,  or  other  real  estate  required  and  taken  as 
aforesaid. 

§6.  [Amended  by  chapter  232.  Laws  of  1871,  §1.  and  repealed 
by  chapter  45,  Laws  of  1872,  §  17.1 
§  7.  [Repealed  by  chapter  45,  Laws  of  1872.  §  17.] 

City  laws  applicable  to  collection. 

§  8.  All  the  laws  in  force  in  relation  to  the  opening  of  streets  in 
the  city  of  Albany,  and  the  collection  of  the  assessments  and 
apportionments  therefor,  are  made  applicable  to  the  collection  of 
the  assessments  and  apportionments  made  under  and  by  virtue 
of  this  act. 

Sale  of  portion  of  park  ground  authorized. — Execution  of  deeds 
therefor. — Reinvestment  of  avails  for  park. 
§  9.  The  said  commissioners  shall  have  power,  as  the  judgment 
of  a  majority  of  them  shall  decide,  to  sell  at  public  sale  such 


420  La  ws  Rela  ting  to  the 

portions  of  tlio  grounds  or  lands  as  are  already  vested  in  them 
by  act  of  Maj'  tiftli,  eighteen  liundred  and  sixty-nine,  or  whioli 
they  may  hereafter  acquire  under  this  act,  or  by  purchase,  devise 
or  gift,  and  to  give  title  to  the  same,  and  to  execute  a  deed  or 
deeds  therefor,  signed  by  the  President  and  Treasurer,  duly 
authorized  by  a  resolution  of  the  board;  provided,  always,  that 
the  proceeds  or  avails  of  any  parcel  or  parcels  of  grounds  or 
lands  which  they  may  decide  to  sell  and  shall  sell,  shall  be  imme- 
diately reinvested  in  other  grounds  or  lands  for  the  uses  of  the 
park,  or  be  used  in  expenditures  for  the  improvement  or  adorn- 
ment of  the  grounds  included  in  the  boundaries  of  the  said 
Washington  Park,  as  the  said  commissioners  shall  establish  them 
hereafter. 

City  bonds  to  issue  for  lands  and  improvements. — Annual 
amounts. — How  executed. — When  payable. — Denomination 
and.  interest. — Proceeds  to  be  held  by  Treasurer. — City 
Chamberlain  to  keep  record  of  bonds. 
§  10.  For  the  purpose  of  laying  out,  improving  and  embellishing 
tlie  park  and  the  approaches  thereto,  and  for  the  purpose  of  pay- 
ing for  any  lands  or  property  which  may  be  taken  under  the 
provisions  of  this  act,  the  bonds  of  the  citj'  of  Albany,  to  such  an 
amount  as  may  be  necessary,  not  exceeding  three  hundred  thou- 
sand dollars  in  all,  and  not  exceeding  fifty  thousand  dollars  in 
any  one  year,  sliall  be  issued  and  signed  by  the  Maj'or  and  Cham- 
berlain of  said  city,  and  the  Clerk  of  the  Common  Council,  and 
countersigned  by  the  President  and  Treasurer  of  the  commis- 
sioners. Said  bonds  shall  be  known  as  the  city  of  Albany  park 
bonds,  and  shall  be  payable  in  not  less  than  forty  nor  more  than 
fifty  years  from  the  dates  of  their  issue.  They  shall  be  of  one 
thousand  dollars  each,  and  shall  bear  interest  at  the  rate  of  not 
more  than  seven  per  cent  per  annum,  payable  semi-annually  on 
the  first  days  of  May  and  November  in  each  year  in  the  city  of 
New  York;  and  the  said  bonds,  or  the  proceeds  thereof,  shall 
constitute  the  funds  to  be  held  by  the  Treasurer  of  the  Board  of 
Commissioners  for  executing  the  provisions  of  this  act;  and  the 
Treasurer  of  said  commissioners  shall  pay  out  of  said  fund,  on  the 
warrant  of  said  commissioners,  issued  as  they  shall  direct,  for 
any  lands  or  property  purchased,  and  also  pay,  on  like  warrants, 
for  the  grading,  laying  out,  improving  or  embellishing  the  park 
and  its  approaches,  such  sums  as  the  commissionei's  may  expend 


City  of  Ablany.  421 

for  such  purposes;  and  as  the  said  bonds  are,  from  time  to  time, 
issued,  the  Chamberlain  of  said  city  shall  keep  in  his  office,  in  a 
book  provided  for  that  purpose,  a  true  statement  of  the  number 
of  each  and  every  bond  issued,  the  date  and  amount  thereof,  and 
the  time  when  due,  and  the  place  of  payment  of  the  interest;  and 
such  book  shall  be  open  to  public  inspection,  and  he  shall  deliver 
it  to  his  successor  in  office. 

(As  amended  by  chapter  232,  Laws  of  1871,   sec.  2,  and  by  chap- 
ter 538,    Laws  of  1875,  sec.  1.) 

Sale  of  bonds  by  Chamberlain. — Temporary  loans  thereon. 

§  11.  The  bonds  of  the  city  of  Albany,  which  shall  be  issued  by 
virtue  of  this  act,  shall  be  sold  by  the  Chamberlain  of  said  city 
at  public  sale,  and  in  no  case  at  a  less  i"ate  than  par,  and  the  pro- 
ceeds of  such  sales  shall  be  paid  over  to  the  Treasurer  of  said 
commissioners;  or  said  Treasurer  may,  with  the  concurrence  of  a 
majority  of  the  Board  of  Commissioners,  pledge  any  of  said  bonds 
and  borrow  money  thereon  temporarily  for  the  purposes  of  this 
act,  at  a  rate  of  interest  not  excoediuj?  seven  per  cent  per  annum. 

Park  lands  pledged  for  payment  of  bonds. — To  be  a  lien 
thereon. 
§  12.  The  lands  already  vested  in  the  commissioners  for  a  park 
for  said  city,  under  act  of  May  five,  eighteen  hundred  and  sixty- 
nine,  and  which  may  hereafter  be  taken,  purchased  or  acquired, 
as  provided  herein,  for  a  public  park  and  approaches  thereto,  are 
all  hereby  pledged  for  the  payment  of  the  bonds  which  may  be 
issued  by  virtue  of  this  act,  and  said  bonds  shall  be  a  first  lien 
thereon. 

Annual  general  tax  for  interest  and  principal. — Limitation. — 
Common  Council  to  certify  amount  to  be  raised  to  Super- 
visors.— Levy  and  collection  thereof. — Sinking  fund  for 
redemption  of  bonds. — How  invested. — Cancellation  of 
park  bonds  when  purchased. — Chamberlain  to  report  annu- 
ally amount  to  be  raised. — Duty  of  Common  Council  and 
Board  of  Supervisors. 

§  13.  In  order  to  provide  for  the  payment  of  the  interest  of  the 
bonds  hereby  authorized  to  be  issued  by  the  said  city  of  Albany, 
there  shall  be  added  annually  to  the  general  tax  for  the  said  city 
an  amount  sufficient  to  pay  the  interest  on  the  principal  of  the 


422  Laws  Relating  to  the 

bonds  issued  under  the  provisions  of  tliis  act,  provided  that  not 
more  than  one  hundred  thousand  dollars  of  said  bonds  shall  be 
issued  in  any  one  year;  and  the  Common  Council  of  said  city 
shall  yearly,  in  the  manner  now  provided  by  law,  certify  to  the 
Board  of  Supervisors  the  amount  of  tax  necessary  to  be  levied  to 
pay  the  interest  on  the  bonds  issued,  which  amount  the  said 
Board  of  Supervisors  shall  cause  to  be  levied  with  the  other 
customary  taxes  for  said  city,  and  at  the  same  time;  and  the 
said  tax  shall  be  collected  in  like  manner  with  the  other  taxes  of 
said  city.  And  to  provide  for  the  payment  of  the  principal  of  said 
bonds  as  it  falls  due,  there  shall  be  raised,  levied,  and  collected 
by  general  tax  in  the  manner  aforesaid,  annually  commencing 
Avith  the  year  eighteen  hundred  and  eighty,  a  sum  equal  to  two 
per  cent  of  the  whole  amount  of  the  principal  of  all  the  bonds  that 
may  have  been  issued  and  be  then  outstanding,  to  constitute  a 
sinking  fund  for  the  redemption  of  said  bonds  at  maturitj^  and 
said  sinking  fund  shall  be  invested  under  the  direction  of  and 
by  the  Park  Commissioners  in  the  purchase  of  the  Albany  city 
park  bonds,  or  in  any  other  bonds  of  the  city  or  county  of  Albany, 
New  York  State,  or  United  States  bonds.  If  the  park  bonds  are 
purchased,  they  shall  be  canceled  and  discharged,  or  if  other 
bonds,  the  latter  shall  be  held  by  said  commissioners  in  trust  for 
the  sinking  fund,  for  the  ultimate  payment  of  said  park  bonds, 
and  for  no  other  purpose  whatsoever.  It  shall  be  the  duty  of  the 
Chamberlain  of  the  city  of  Albany  to  estimate  and  ascertain 
yearly  the  amount  required  to  be  added  to  the  general  tax  of  said 
city,  by  virtue  of  this  act,  to  pay  the  interest  (and  to  create  the 
sinking  fund  herein  provided  for  when  needed),  and  transmit  a 
statement  each  year  to  the  Common  Council  of  said  city  in  time 
to  have  such  amount  included  in  the  general  tax  for  that  year; 
and  it  shall  be  the  duty  of  the  Common  Council  to  cause  such 
amount  to  be  certified  to  the  Board  of  Supervisors  and  included 
in  such  general  tax.  And  said  Common  Council  shall  annually 
provide  by  tax  for  the  payment  of  the  interest  of  the  bonds  issued 
pursuant  to  the  provisions  of  this  act,  and  also  provide  by  tax, 
annually,  after  and  including  the  year  eighteen  hundred  and 
eighty,  for  the  sinking  fund,  of  two  per  cent  per  annum,  provided 
for  in  this  section  to  pay  the  principal  of  said  bonds. 

(As  amended  by  chapter  232,  Laws  of  1871,  sec.  3.) 


City  of  A  LUAyr.  423 

Business  quorum  of  Commissioners. — Board  may  make  by- 
laws.—May  appoint  engineers  and  employes.— Powers  and 
authority  as  to  park. — Commissioners  not  to  be  interested 
in  contracts. 
§14.  A  majority  of  the  Board  of  Commissioners  of  said  park 
shall  constitute  a  quorum  for  the  transaction  of  business.  The 
said  board  shall  have  full  and  exclusive  power  to  make  rules  and 
by-laws  for  the  orderly  transaction  of  their  business;  to  goveni, 
manage  and  direct,  and  to  lay  out  and  regulate  said  park  and 
the  approaches  thereto;  to  appoint  such  engineers,  surveyors, 
clerks,  laborers  and  other  employes  or  officers  (except  a  police 
force),  as  may  be  necessary;  to  prescribe  and  define  their 
respective  duties,  and  to  fix  the  amount  of  their  compensation, 
and  generally,  in  regard  to  the  said  park  and  the  approaches 
thereto,  they  shall  possess  all  the  powers  and  authority  now  by 
law  conferred  on  or  possessed  by  the  Common  Council  of  said 
city;  and  it  shall  be  a  misdemeanor  for  any  commissioner  to  be 
directly  or  indirectly  in  any  way  pecuniarily  interested  in  any 
contract  or  work  of  any  kind  whatever,  connected  with  said  park 
or  the  approaches  thereto. 

Annual  report  to  Common  Council. 

§  15.  The   said    Park   Commissioners   shall,    in   the   month    of 
January  of  every  year,  make  to  the  Common  Council  of  said  city 
a  full  report  of  their  proceedings,  and  a  detailed  statement  of  all 
their  receipts  and  expenditures. 
Limitation  of  expense  to  govern  in  adopting  plan  for  park. 

§  16.  No  plan  for  laying  out  and  improving  said  park  and 
approaches  thereto  shall  be  adopted  or  undei-taken  by  the  com- 
missioners of  said  park,  of  which  the  entire  expense,  when 
funded,  shall  require,  for  the  payment  of  the  annual  interest 
thereon,  more  than  twenty-one  thousand  dollars,  and  bonds  shall 
only  be  issued,  sold  and  disposed  of.  as  directed  in  this  act,  for 
the  purpose  of  providing  such  sums  of  money  as  shall  be  required, 
from  time  to  time,  to  carry  out  and  execute  the  plan  they  shall 
adopt,  subject  to  the  limitations  in  this  act  provided. 

Common  Council  to  grant  moneys  for  care  and  maintenance  of 
park. — For  repair  of  structures  and  for  ofB.ce. 
§  17.  The  Common  Council  of  said  city  shall,  every  year,  grant 
to  the  commissioners  of  said  park  such  sum  of  money  as  they 


424  Laws  Relating  20  the 

may  require  aud  as  to  the  said  Common  Council  shall  appear 
reasonable  and  just,  for  the  care,  government  and  maintenance 
of  the  said  park  and  approaches  thereto,  and  for  keeping  in 
repair  the  improvements  and  structures  thereto,  and  for  keeping 
in  repair  the  improvements  and  structures  therein,  and  shall  also 
furnish  a  suitable  office  for  said  commissioners.  And  any  sum 
of  money  granted  pursuant  to  this  section  shall  be  paid  out  of 
the  general  fund  of  said  city  to  the  Treasurer  of  said 
commissioners. 

Treasurer  of  Board  to  execute  bond. 

§  8.  Before  entering  upon  the  duties  of  his  office,  the  Treasurer 
shall  execute  a  bond  to  the  said  commissioners  in  such  penalty 
and  with  such  sureties  as  the  commissioners  shall  approve,  condi- 
tioned that  he  will  faithfully  perform  the  duties  of  his  office, 
and  account  for  and  pay  over,  according  to  law,  all  moneys 
belonging  to  the  commissioners  that  shall  come  into  his  hands. 
He  shall  receive  all  moneys  belonging  to  the  commissioners, 
and  shall  pay  out  the  same  from  the  proper  fund  on  the  order 
of  the  President,  countersigned  by  the  Secretary. 

Annual  report  of  Treasurer. 

§  19.  Once  a  year,  or  oftener  if  required  by  the  commissioners, 
and  at  least  once  a  week  previous  to  the  report  referred  to  in 
section  fifteen,  he  shall  present  to  the  board  a  statement  exhibit- 
ing the  condition  of  the  treasury,  and  the  several  sums  received 
and  paid  out  during  the  year;  when  received  and  paid,  and  from 
and  to  whom.  He  shall  deliver  to  his  successor  in  office  all 
moneys,  books,  vouchers  and  papers  appertaining  to  the  office. 

Avails  from  sale  of  bonds  to  be  paid  to  Treasurer. — To  keep 
and  disburse  the  same. — Commissioners  to  draw  draft  on 
Treasurer. — Maintenance  fund  how  disbursed. 
§  20.  The  money  raised  by  the  sale  of  the  bonds  issued  pursuant 
to  the  provisions  of  this  act  shall  be  deposited,   as  the   same 
shall  be  realized,  with  the  Treasurer  of  the  Park  Commissioners, 
who  shall  keep  a  separate  account  of  all  moneys  received  by  him 
for  the  laying  out  and  improvement  of  said  park  and  approaches 
thereto.     He  shall  hold  all  such  moneys  on  account  of  and  for 
the  purpose  of  said  improvement  and  the  expenses  herein  author- 
ized, including  the  cost  of  the  bonds,  and  shall  pay  them  out 


City  of  Albany.  425 

as  provided  iu  this  act,  and  not  otherwise.  The  commissionei-s 
of  said  park  shall  draw  their  drafts  upon  the  said  Treasurer, 
signed  by  their  President  and  Secretary,  for  all  claims,  charges 
and  expenses,  authorized  and  incurred  by  them  in  the  laying  out 
and  improving  of  said  park  and  approaches  thereto,  specifying 
in  such  drafts  the  purposes  for  which  they  are  drawn;  and  the 
Treasurer  shall  pay  the  same  out  of  the  improving  moneys, 
upon  the  presentation  of  said  drafts.  The  moneys  voted  or 
granted  by  the  Common  Council  of  the  city  of  Albany,  pursuant 
to  section  seventeen  of  this  act,  shall  be  deposited  with  the 
Treasurer  of  the  commissioners  of  said  park,  who  shall  keep  a 
separate  account  of  all  such  moneys,  and  the  same  shall  be 
known  as  the  "Maintenance  Fund;"  and  he  shall  pay  out  of  it 
the  drafts  of  the  said  Park  Commissioners,  drawn  against  it 
in  due  form  and  manner,  and  not  otherwise,  upon  the  presen- 
tation of  said  drafts,  which  in  no  case  shall  exceed  the  amount 
appropriated  or  granted  for  the  purpose  by  the  Common  Council, 
as  provided  by  section  seventeen  of  this  act. 

Policemen  to  be  detailed  for  duty  for  service  in  the  park. 

§  21.  The  police  authorities  of  the  city  of  Albany  shall,  from 
time  to  time,  detail  such  number  of  policemen  from  the  force 
of  said  city,  for  service  in  the  said  park,  as  the  Board  of  Park 
Commissioners  shall,  by  resolution,  require,  not  exceeding  the 
number  of  ten  in  the  aggregate;  and  for  the  purpose  of  complying 
with  such  requisitions,  the  said  police  authorities  are  hereby 
authorized,  from  time  to  time,  to  increase  the  number  of  police- 
men that  may  be  allowed  to  the  police  force  of  the  city  by  a 
number  that  shall  correspond  to  the  number  required  by  the 
said  Park  Commissioners,  as  such  requisitions  shall,  from  time 
to  time,  be  made.  The  policemen  who  may  be  detailed  for  such 
service  shall  be  subject  to  the  rules  and  regulations  which  shall 
be  adopted  by  the  Park  Commissioners. 

(As  amended  by  chapter  45,   Laws  of  1S72,  sec.   15.) 

Commissioners  to  create  no  debt  without  authority. 

§  22.  None  of  the  commissioners  of  said  park,  nor  any  person, 
whether  in  the  employ  of  said  commissioners  or  otherwise,  shall 
have  power  to  create  any  debt,  obligation,  claim  or  liability  for 
or  on  account  of  the  said  commissioners,  except  upon  express 


426  Laws  Relating  to  the 

authority,  duly  conferred  at  a  meeting  regularly  convened  and 
lield. 

Personal  property  may  be  granted  or  devised  for  park. — Collec- 
tions of  natural  history  and  works  of  art. — Management 
of  property. 

§  23.  Personal  property  may  be  granted,  bequeathed,  devised 
or  conveyed  to  the  said  city  of  Albany  for  the  purpose  of  the 
improvement  or  ornamentation  of  the  said  park  and  the 
approaches  thereto,  or  for  the  establishment  or  maintenance 
thei'ein  of  zoological  or  other  gardens,  collections  of  natural 
history,  monuments  relating  to  events  or  distinguished  pei'sons, 
and  appropriate  works  of  art,  upon  such  trusts  and  conditions 
as  may  be  prescribed  by  the  grantors  or  devisors  thereof,  and 
accepted  or  agreed  to  by  the  commissioners  of  the  park.  All  prop- 
erty so  devised,  granted,  bequeathed  or  conveyed,  shall  be  subject 
to  the  exclusive  management,  direction  and  control  of  the  com- 
missioners of  said  park. 

Commissioners  may  pass  ordinances  for  protection  of  park, 
trees,  flowers,  etc. — Publication  of  ordinances. — Penalties 
for  violations. 

§  24.  It  shall  be  lawful  for  the  commissioners  of  said  park, 
at  any  meeting  duly  convened,  to  pass  such  ordinances  as  they 
may  think  necessary  for  the  use,  regulation,  protection  and  gov- 
ernment of  the  park,  the  approaches  thereto,  the  grounds,  trees, 
shrubs,  flowers,  roads,  pathways,  fences  and  erections  in  and 
around  it;  and  such  ordinances  shall,  immediately  upon  their 
passage,  be  published  in  the  official  paper  of  said  city  of  Albany, 
for  ten  successive  days;  and  all  persons  offending  against  such 
ordinances  shall  be  deemed  guilty  of  a  misdemeanor,  and  shall 
be  punished,  on  conviction  before  any  court  of  competent  juris- 
diction in  the  city  of  Albany,  by  a  fine  not  exceeding  one  hundred 
dollars,  or  by  imprisonment,  at  the  discretion  of  the  court. 

Part  of  grounds  may  be  set  apart  for  university  or  art  build- 
ings. 
§  25.  Nothing  in  this  act  shall  prevent  the  commissioners  from 
hereafter  setting  apart  any  portion  of  the  grounds  under  their 
control,  for  a  university,  or  for  buildings  for  purposes  of  science 
and  learning. 


City  of  Albany.  427 

CHAPTER  45  OF  THE   LAWS   OF   1872. 
Au  Act  supplementary  to  and  amendatory  of  "An  Act  in  relation 
to  a  public  park  in  the  city  of  Albany,"  passed   May  fifth, 
eighteen  hundred  and  sixty-nine,  and  the  acts  supplementary 
and  amendatory  thereof. 

Passed   February  16,   1S72;     three-fifths  being  present. 
The  People  of  tlie  State  of  New    York,    re-presented  in   Senate  and 
Assembly,   do  enact  as  follows : 

Lawful  for  Park  Commissioners,  by  a  two-thirds  vote,  to  pur- 
chase or  take  additional  real  estate  for  park  purposes.— 
Streets  running  through  park  to  be  discontinued. 
Section  1.  It  shall  be  lawful  for  the  Board  of  Commissioners 
of  the  Washington  Park  of  the  city  of  Albany,  whenever  they 
shall  deem  it  necessary,  by  a  vote  of  two-thirds  of  all  the  mem- 
bers thereof,  to  be  taken  by  yeas  and  nays,  which  shall  be  entered 
on  the  minutes  of  the  said  board,  to  purchase  or  take  any  ground 
or  real  estate,  with  the  appurtenances,  belonging  to  any  person 
or  persons,  for  the  purpose  of  laying  out,   opening,  extending, 
straightening,  widening  or  altering  said  park  and  the  approaches 
thereto;  and  they  may  locate  and  lay  out  such  approaches  con- 
necting with  said  park  as  may,  in  their  judgment,  be  necessary; 
and  may  take  all  or  any  part  or  parts  of  existing  streets;  and 
all   the   streets,   tracts,   pieces  or  parcels   of   land   so   acquired, 
selected  or  located  by  such  commissioners,  for  the  purposes  afore- 
said, shall  be  deemed  to  have  been  taken  by  the  city  of  Albany 
for  public  use,  as  and  for  a  public  park,  and  are  hereby  declared 
to  be  such,  subject,  with  the  approaches  thereto,  to  the  control 
and  supervision  of  such  commissioners.    The  parts  of  all  streets, 
avenues  and  highways  now  laid  out  as  manning  through   said 
park,  or  pieces  of  land  added  thereto,  may  be  closed  and  discon- 
tinued, so  far  as  the  same  would  run  through  or  intersect  said 
park,  or  pieces  of  land  added  thereto,  whenever  the  said  com- 
missioners   shall    declare    the    closing    or    discontinuing   thereof 
needful. 

Title,  how  acquired. — Real  estate  sought  to  be  taken  must  be 
described  in  petition. — Names  and  residences,  etc.,  of  own- 
ers to  be  stated. — Certain  acts  made  applicable  to  proceed- 
ings under  this  act. 
§  2.  In  case  the  Board  of  Commissioners  of  said  park  are  unable 

to  agree  with  the  owners  or  occupants  of  such  real  estate  for  the 


428  Laws  Relating  to  the 

purchase  or  acquisition  thereof  for  park  purposes,  then  the  said 
commissioners  may  take  proceedings  to  acquire  title  to  the  same 
in  the  manner  and  by  the  special  proceedings  prescribed  in 
sections  fourteen,  fifteen,  sixteen,  seventeen,  eighteen,  nineteen, 
twenty  and  twenty-one,  of  an  act  to  authorize  the  formation  of  rail- 
road corporations,  and  to  regulate  the  same,  passed  April  second, 
eighteen  hundred  and  fifty;  as  such  sections,  or  some  of  them, 
have  been  amended  by  any  act  to  amend  the  act  entitled  "An  act 
to  authorize  the  formation  of  railroad  corporations,  and  to  regu- 
late the  same,  passed  April  second,  eighteen  hundred  and  fifty," 
substituting  in  such  sections  for  the  company,  or  corporation,  or 
railroad  company,  the  Board  of  Commissioners  of  Washington 
Park;  pi-ovided,  that,  in  the  petition  named  in  the  said  fourteenth 
section,  the  real  estate  sought  to  be  taken  must  be  fully  described, 
and  then  it  need  only  be  therein  stated  tliat  said  commissioners 
have  beeu  unable  to  acquire  title  to  the  said  real  estate  for  the 
reason  to  be  therein  mentioned.  The  petition  shall  also  state  the 
names  and  places  of  residence  of  the  parties,  so  far  as  the  same 
can  by  reasonable  diligence  be  ascertained,  who  own,  or  have, 
or  claim  to  own  or  have,  estates  or  interests  in  the  said  real 
estate;  and  if  any  such  persons  are  infants,  their  ages,  as  near 
as  may  be,  must  be  stated;  and  if  any  such  persons  are  idiots,  or 
persons  of  unsound  mind,  or  are  unknown,  such  facts  must  be 
stated,  together  with  such  other  allegations  and  statements  of 
liens,  or  incumbrances  on  said  real  estate  as  the  said  commis- 
sioners may  choose  to  make.  It  shall  also  be  therein  stated  that 
it  is  the  intention  of  the  said  commissioners,  in  good  faith,  to 
acquire  title  to  said  real  estate  for  the  purposes  of  a  public 
park  in  the  city  of  Albany,  and  that  in  their  judgment  the  real 
estate  described  in  the  petition  is  required  for  some  one  of  the 
purposes,  naming  it,  for  wliich  the  commissioners  have  authority 
to  take  real  estate.  Sections  five  and  six  of  an  act  to  amend  an 
act  entitled  "An  act  to  authorize  the  formation  of  railroad  cor- 
porations, and  to  regulate  the  same,  passed  April  second,  eighteen 
hundred  and  fifty,"  passed  April  fifteen,  eighteen  hundred  and 
fifty-four,  and  section  second  of  an  act  further  to  amend  the 
act  entitled  "An  act  to  authorize  the  formation  of  railroad  cor- 
porations, and  to  regulate  the  same,  passed  April  second,  eighteen 
hundred  and  fifty,"  passed  April  fourteen,  eighteen  hundred  and 
fifty-seven,  are  also  hereby  made  applicable  to  the  proceedings 


City  of  A  lb  a  at.  429 

to  obtain  title  to  ival  estate  by  the  Park  Couimissiouers,  as  herein 
provided. 

§  3.  The  tweuty-sixth  section  of  the  said  act  to  authorize  the 
formation  of  railroad  coiijorations  and  to  regulate  the  same, 
passed  April  second,  eighteen  hundred  and  fifty,  is  also  hereby 
made  applicable  to  the  commissioners  of  said  park,  who  are 
hereby  authorized  to  acquire  title  to  any  real  estate  which  they 
may  decide  to  be  necessary  for  any  of  the  purposes  for  which 
they  are  authorized  to  acquire  real  estate,  in  the  same  manner 
as  is  prescribed  in  said  twenty-sixth  section  of  said  act  of  eighteen 
hundred  and  fifty. 

Absolute  title  of  real  estate  taken  to  vest  in  commissioners. 

§  4.  The  absolute  fee  of  all  real  estate  taken  or  purchased  by 
the  commissioners  under  and  by  virtue  of  the  aforesaid  railroad 
acts  shall  be  vested  in  such  commissioners  and  their  successors, 
in  trust  for  the  purposes  for  which  such  real  estate  was  asquired. 

§§  5  and  6.  [Repealed  by  chapter  98,  Laws  of  1874.] 

§  7.  [Amended  by  chapter  66,  Laws  of  1873,  §  7,  and  repealed 
by  chapter  98,  Laws  of  1874.] 

§  8.  [Amended  by  chapter  66,  Laws  of  1873,  §  3,  and  repealed 
by  chapter  98,  Laws  of  1874.] 

§§  9,  10,  11,  12  and  13.  [Repealed  by  chapter  98,  Laws  of  1874.] 

Costs  of  land  acquired  assessed  upon  city  at  large. — Common 

Council,  how  notified  of  amount. — City  bonds  to  issue. — 

How  prepared  and  sold. — When  payable. — Proceeds  to  be 

held  by  Treasurer. — Sinking  fund,  how  raised,   paid  and 

invested. 

§  14.  The  costs  and  expenses  of  acquiring  title  to  any  lands 

purchased  at  public  or  private  sale  by  the  Park  Commissioners, 

or  taken  by  proceedings  as  aforesaid,  the  amount  of  me  bonds 

lieretofore  issued  under  and  by  virtue  of  section  five  of  the  acts 

in  relation  to  Washington  Park  of  the  city  of  Albany,  passed 

March  eleven,  one  thousand  eight  hundred  and  seventy-three, 

together  with  the  interest  thereon  from  date,  together  with  the 

expenses  of  the  assessments  heretofore  made,  shall  be  assessed 

upon  the  city  at  large  and  paid  in  the  following  manner:     The 

amount  thereof  shall  be  included  in  a  written  statement,  signed 

by  the  Treasurer  of  the   said   Park   Commissioners,    and   shall 

be  Jby  him  transmitted  to  the   Clerk   of  the   Common   Council 


430  Laws  Relating  to  the 

of  said  city  of  Albany  forthwitli,  and  at  the  first  meeting  of 
such  Council  after  such  statement  shall  have  been  received  by 
its  clerk,  such  Common  Council  shall  make  provision  for  tht 
payment  of  the  same  by  the  issuing  of  the  bonds  of  the  said 
city,  in  such  form  and  name,  and  in  such  amounts  as  the  said 
Common  Council  shall  at  such  meeting  determine  and  direct. 
Such  bonds  shall  be  at  once  prepared  under  the  direction  of  the 
Mayor,  and  when  prepared  shall  be  signed  by  him  and  the  Cham- 
berlain of  tlie  city,  and  the  same  shall  be  sold  by  the  Chamberlain 
at  not  less  than  par,  and  the  moneys  realized  by  their  sale  shall 
be  by  said  Chamberlain  at  once  transferred  to  the  Park  Com- 
missioners through  their  Treasurer.  Said  bonds  shall  be  payable 
in  not  less  than  forty  nor  more  than  fifty  years  from  the  date 
of  issue  thereof,  and  shall  bear  interest  at  the  rate  of  not  more 
than  seven  per  cent  per  annum,  payable  semi-annually  in  each 
year,  in  the  city  of  Albany  or  New  York.  And  the  proceeds  of 
said  l)onds  shall  constitute  a  fund,  to  be  held  by  the  Treasurer 
of  the  said  Board  of  Park  Commissioners  for  the  payment  of 
the  amount  included  in  the  written  statement  above  provided 
for.  The  said  Common  Council  shall  create  a  sinking  fund  for 
the  payment  of  said  bonds  within  the  time  limited.  Such  sinking 
fund  shall  be  raised  by  general  tax  annually,  and  shall  not  be 
less  than  one  per  centum  of  the  amount  of  such  bonds,  besides 
the  interest  on  the  whole  amount  of  said  bonds  which  shall  be 
due  at  any  time  during  the  year.  Such  sinking  fund  and  interest 
shall  be  paid  by  the  Chamlierlain  of  said  city  to  the  Treasurer 
of  said  Board  of  Park  Commissioners,  who  shall  therefrom  pay 
the  interest  on  said  ])onds,  from  time  to  time,  as  the  same  shall 
accrue.  The  sinlcing  fund  shall  be  securely  invested  by  the  said 
Treasurer,  under  the  direction  of  said  Park  Commissioners,  for 
tlie  purpose  of  paying  said  bonds  as  they  shall  become  due.  All 
acts  and  parts  of  acts  inconsistent  with  the  provisions  of  this 
section  are  repealed. 

(As  amended  by  chapter  98,   Laws  of  1874,   sec.  2.) 

Assessments  for  Knox  street  property,  how  repaid. 

(Section  3  of  chapter  98,  Laws  of  1874.  Immediately  upon  the  pas- 
sage of  this  act  the  treasurer  of  the  park  commissioners  is  hereby 
required  to  give  notice  three  times  in  the  offlcial  papers  of  the  city, 
stating-  a  time  and  place  when  and  where  he  will  be  prepared  to 
repay  to  such  persons  as  have  heretofore  paid  the  amount  of  their 
payment  on  account  of  the  assessment  levied  upon  their  property  for 
the  taking  of  the  Knox  street  property  (so  called)  for  park  purposes, 
and  at  such  time  and  place  the  treasurer  or  his  clerk  shall  attend  and 
shall  repay  to  such  persons  the  amount  they  had  heretofore  paid  on 
such  assessment.) 


City  of  Albany.  431 

§  15.  [Ameuds  section  21  of  chapter  377,  Laws  of  1870.] 
§  16.  The  first  and  second  sections  of  "An  act  supplementary  to 
an  act  in  relation  to  a  public  park  in  the  city  of  Albany,"  passed 
April  tweuty-tliree,   eighteou  liuudred  and  seventy,  are  hereby 
repealed. 

§  17.  The  first  section  of  "An  act  to  amend  an  act  supple- 
mentary in  relation  to  a  public  park  in  the  city  of  Albany,  passed 
April  twenty-three,  eighteen  hundred  and  seventy,"  passed  March 
thirty-one,  eighteen  hundred  and  seventy-one,  is  hereby  repealed; 
and  sections  six  and  seven  of  "An  act  supplementary  to  an  act 
in  relation  to  a  public  park  in  the  city  of  Albany,"  passed  April 
twenty-three,  eigliteen  hundred  and  seventy,  are  hereby  repealed. 

Clerk  may  be  employed. 

§  18.  The  Treasurer  of  said  Board  of  Commissioners  of  said 
park  is  hereby  authorized  to  employ  a  clerk,  Avhenever  in  his 
discretion  he  may  deem  it  proper,  and  to  pay  him  for  his  services 
out  of  the  funds  in  his  custody,  not  exceeding  the  sum  of  two 
hundred  and  fifty  dollars  in  any  one  year. 

§  19.  This  act  shall  take  effect  immediately. 


CHAPTER  66  OF  THE  LAWS   OF   1873. 
An  Act  in  relation  to  the  Washington  Park  of  the  city  of  Albany. 

Passed  March  11,   1873;    three-flfths   being  present. 

The    People  of  the  State  of  New    York,  represented  in   Senate  and 
AssprnhJij,    do  enact  as  follows : 

City  bonds  to   issue  for  lands  and   improvements. — Limit   of 

amount     of     bonds. — How     executed. — Annual     amount. — 

Requisitions  to  be  made  to  the  Mayor. — Bonds,  how  entitled 

and  when  payable. — Denomination  and  interest. — Proceeds 

to  be  held  by  Treasurer. — Payments  from  fund,  how  made. 

Chamberlain  to  keep  open  record  of  bonds. 

Section  1.  For  the  purposes  mentioned  in  section  two  of  chapter 

two  hundred  and  thirty-two  of  the  Laws  of  eighteen  hundred 

and  seventy-one,  entitled  "An  act  to  amend  an  act  supplementary 

to  an  act  in  relation  to  a  public  park  in  the  city  of  Albany,  passed 

April  twenty-three,  eighteen  hundred  and  seventy,"  passed  March 

thirty-one,  eighteen  hundred  and  seventy-one,  the  bonds  of  the 


432  Laws  Relating  to  the 

city  of  Albauy  to  such  amount  as  may  be  necessary,  iu  addition 
to  the  three  hundred  thousand  dollars  already  authorized  to  be 
issued  (but  not  in  any  event  to  exceed  the  sum  of  two  hundred 
and  tifty  thousand  dollars  in  addition  to  said  three  hundred 
thousand  dollars  authorized),  shall  be  issued  and  signed  by  the 
Mayor  and  Chamberlain  of  said  city,  and  by  the  Clerk  of  the 
Common  Council,  and  countersigned  by  the  President  and  Treas 
urer  of  the  Commissioners  of  Washington  Park  in  the  city  of 
Albany.  The  bonds  to  be  issued  under  this  act  shall  not  exceed 
the  amount  of  one  hundred  thousand  dollars  in  any  one  year, 
except  as  hereafter  stated.  Such  bonds  shall  be  issued  upon 
tlie  requisition  of  the  Park  Commissioners,  made  for  the  Mayor, 
stating  the  amount  for  which  such  bonds  are  desired.  The  bonds 
shall  be  known  as  the  "City  of  Albany  Park  Bonds,"  and  shall 
be  payable  in  not  less  than  forty  nor  more  than  fifty  years  from 
the  date  of  their  issue.  They  shall  be  one  thousand  dollars  each, 
and  shall  bear  interest  at  the  rate  of  not  more  than  seven  per 
cent  per  annum,  payable  semi-annually  on  the  first  days  of  May 
and  November  in  each  year,  in  the  city  of  New  York,  and  the 
said  bonds,  or  the  proceeds  thereof,  shall  be  placed  in  the  fund 
to  be  held  by  the  Treasurer  of  the  said  Board  of  Commissioners 
for  executing  the  provisions  of  this  and  the  other  acts  in  relation 
to  said  park,  and  tlie  Treasurer  of  the  commissioners  shall  pay 
the  same  out  on  warrants  in  like  manner  as  other  moneys  hereto- 
fore received  on  the  sale  of  ]>onds  heretofore  authorized  to  be 
issued  and  sold,  and  for  the  same  general  purposes;  and  as  such 
bonds  are  from  time  to  time  issued  the  Chamberlain  of  tlie  said 
city  shall  keep  in  his  office,  in  a  book  provided  for  that  purpose, 
a  true  statement  of  the  number  of  each  bond  issued,  the  date 
and  amount  thereof,  and  the  time  when  due,  and  the  place  of 
payment  of  the  interest,  and  such  book  shall  be  open  to  public 
inspection,  and  shall  deliver  it  to  his  successor  in  office.  Said 
bonds  shall  not  be  sold  at  less  than  their  par  value. 
(As  amended  by  chapter  538,  Laws  of  1875.) 

Laws  of  1871,  applicable  to  bonds. 

§  2.  All  the  provisions  contained  in  section  three  of  said  act 
(being  as  aforesaid,  chapter  two  hundred  and  thirty-two  of  the 
Laws  of  eighteen  hundred  and  seventy-one,  and  entitled  as  is 
recited  in  the  first  section  of  this  act),  are  hereby  made  applicable 


City  of  Albany.  433 

to   the   bonds   and   the   paymeut    of   the   priiu-ipal   and    interest 
thereon,  which  shall  be  issued  under  this  act. 
§  3.  [Repealed  by  chapter  98.  Laws  of  1874,  §  1.] 

Three-fifths  expended  for  certain  lands  repaid  to  Park  Com- 
missioners.— Such  amount  to  be  included  in  general  tax. 
§  4.  The  sum  of  thirty-tive  thousand  four  hundred  and  thirty- 
one  dollars  is  hereby  assessed  upon  the  city  of  Albany,  to  be 
collected  by  tax  and  paid  to  the  Park  Commissioners  of  said 
city.  The  above  assessment  is  directed  to  be  made  to  repay  to 
said  commissioners,  as  a  board,  three-fifths  of  the  amount  here- 
tofore duly  expended  by  them  as  such  board,  in  the  purchase 
of  land  for  park  purposes  Avithin  the  city  of  Albany,  and  be  paid 
to  the  following  persons,  viz.:  Ariel  Lathrop,  William  H.  Wat- 
son, Patrick  Gardiner,  John  Featherly,  Thomas  Wearing,  estate 
of  Blandina  Dudley,  Mary  Ann  and  Catherine  Lovett.  Hellena  De 
Kay  Townsend,  Sarah  T.  Coles,  Maria  T.  Viele,  INIaurice  E.  Viele, 
Frank  A.  Gregory,  George  Lansing,  Christopher  Lansing,  Susan 
Gansevoort,  Barent  B.  Lansing.  Sarah  B.  Lansing,  John  McEwen, 
as  Clerk  of  the  Supreme  Court  in  trust,  Susan  G.  Lansing,  Jane 
A.  Pruyn,  Charles  B.  Lansing,  Robert  C.  Pruyn,  Charles  A. 
Lansing,  and  John  Townsend  Lansing. 

The  amount  of  the  above-mentioned  sum  shall  be  stated  and 
transmitted  by  the  Treasurer  of  the  board,  and  the  same  shall  be 
collected  by  tax  and  paid  over  to  the  said  Treasurer  in  the  same 
manner  and  l)y  the  same  proceedings  that  are  provided  for  the 
collection  and  payment  of  two-fifths  of  the  cost  and  expenses  of 
acquiring  title  to  lands  purchased  or  taken  by  the  Park  Com- 
missioners, by  section  fourteen  of  "An  act  supplementary  to  and 
amendatory  of  an  act  in  relation  to  a  public  park  in  the  city  of 
Albany,  passed  Maj'  fifth,  eighteen  hundred  and  sixty-nine,  and 
the  acts  supplementaiy  and  amendatory  thereof,"  passed  Febru- 
ary sixteenth,  eighteen  hundred  and  seventy-two. 

§§  5,  6  and  7.  [Repealed  by  chapter  98,  Laws  of  1874,  §  1.] 

§  8.  This  act  shall  take  effect  immediately. 
.     28 


434  Laws  Relating  to  the 

CHAPTER   29   OF  THE   LAWS   OF   1875. 

Au  Act  amendatory  of  the  several  acts  relating-  to  Washington 

Park  in  tbe  City  of  Albany. 

Passed  February  24,  1875;    three-fifths  being  present. 

The  People  of  the  State  of  New    York,   represented    in   Senate   and 
Assembly,    do  enact  as  follows  : 
Moneys  to  pay  interest  on  bonds,  custody  of. — Sinking  fund. 

Section  1.  All  moneys  which  have  been  or  shall  hereafter  be 
raised  by  tax  in  the  city  of  Albany,  in  the  manner  provided  by 
law,  for  the  purpose  of  providing  means  to  pay  the  interest  on 
the  bonds  of  said  city  issued  for  Washington  Park,  shall  remain 
in  the  custody  of  the  Chamberlain  of  the  city  until  used  by  him 
in  the  payment  of  said  interest;  and  all  moneys  raised  in  like 
manner  to  provide  a  sinking  fund  for  the  payment  of  the  princi- 
pal of  said  bonds,  shall  be  paid  to  the  Trustees  of  the  Sinking 
Funds  of  the  said  city,  and  be  by  them  invested  or  deposited  in 
the  same  manner  as  the  other  sinking  funds  of  the  said  city. 

§  2.  This  act  shall  take  effect  immediately. 


CHAPTER  511  OF  THE  LAWS  OF  1881. 

An  Act  in  relation  to  certain  public  parks  in  the  city  of  Albany. 

Passed  June  14,  1881;    three-fifths  being  present. 

The  People  of  the  State  of  Nev^  York,  represented  in  Senate  and 
Assembly,  do  enact  as  folloios  : 

Section  1.  The  title  of  the  city  of  Albany  in  and  to  the  several 
public  parks  of  said  city,  known  respectively  as  the  Academy  Park, 
Townsend  Park,  Bleecker  Park,  Clinton  Square  Park,  Hudson 
Avenue  Park,  St.  Joseph's  Park,  Van  Rensselaer  Park  and 
Beaverwyck  Park,  is  hereby  vested  in  the  Board  of  Commis- 
sioners of  Washington  Park,  to  the  same  extent  and  for  the  same 
purposes  as  the  title  to  the  AVashiugton  Park  property  is  vested 
in  said  board. 

(As  amended  by   chapter  203,   Laws  of  1884,   and  by  chapter  296, 
Laws  of  1890,   sec.  1.) 

§  2.  The  said  Board  of  Commissioners  of  Washington  Park  are 
hereby  empowered  to  exercise  like  powers  and  authority  over  the 
territory  embraced  in  the  said  above-mentioned  parks,  for  tlje 


City  of  Albany.  435 

govemuient  and  control  thereof,  to  that  which  they  now  have 
over  the  territorj-  embraced  in  said  Washinj^tou  Park. 
(As  amended  by  chapter  29C,   Laws  of  1890,  sec.   2.) 

§  3.  The  said  Board  of  Commissioners  are  hereby  authorized 
and  directed  to  expend  out  of  the  funds  in  their  hands,  and  from 
time  to  time  provided  for  the  care  and  improvement  of  said 
Washington  Park,  such  sums  as  they  shall  deem  from  time  to 
time  necessary  and  expedient  for  the  improvement  and  embellish- 
ment of  the  parks  specified  in  section  one  of  this  act.  And  such 
expenditures  shall  be  made  from  funds  thus  provided,  whenever 
funds  adequate,  in  the  judgment  of  said  board,  shall  not  have 
been  otherrvise  appropriated  for  such  purposes. 

(As  amended  by  chapter  296,  Laws  of  1890,  sec.  3.) 

§  4.    This  act  shall  take  effect  immediately. 

Xote. — For  law  relating  to  Western  avenue  iniproveraent  (chapter  445  of  the  Laws 
of  1ST6)  see  ante. 


CHAPTER  112. 

An  Act  to  declare  the  legal  title  of  the  Board  of  Commissioners 
of  Washington  Park  of  the  city  of  Albany. 

Became  a  law  without  the  approval  of  the  Governor,  in  accordance 
with  the  Drovisions  of  article  four,  section  nine  of  the  Constitution, 
April  14,   1890.     Passed,   three-fifths  being-  present. 

The  Peoiilc  of  the  State  of  New  York,  represented  in  Senate  and 
Assembly,   do  enact  as  follows  : 

Section  1.  The  board  created  by  the  act  of  May  five,  eighteen 
hundred  and  sixty-nine,  entitled  "An  act  in  relation  to  a  public 
park  in  the  city  of  Albany"  under  the  name  and  title  of  the 
Board  of  Trustees  of  Washington  Park  of  the  city  of  Albany, 
and  thereafter  in  succeeding  acts  of  the  Legislature  designated  as 
•'  the  Board  of  Commissioners  of  Washington  Park  of  the  City 
of  Albany  "  shall  be  hereafter  known  and  designated  as  and  by 
the  title  of  "  the  Board  of  Commissioners  of  Washington  Park  of 
the  city  of  Albany." 

§  2.  All  the  powers,  duties,  rights,  property  and  privileges,  here- 
tofore conferred  by  any  act  of  the  Legislature  or  otherwise,  upon 
the  Board  of  Trustees  of  Washington  Park  of  the  city  of  Albany, 
or  upon  the  Trustees  of  Washington  Park  of  the  city  of  Albany, 


436  Laws  Relating  to  the 

are  hereby  vested  in  and  devolved  upon  tlae  said  Board  of  Com- 
missioners of  Washington  Parle  of  the  city  of  Albany. 
§  3.  This  act  shall  take  effect  immediately. 


CHxVPTER  449. 

An  Act  to  enable  the  city  of  Albany  to  procui'e  additional  land 
for  park  purposes;  to  confirm  and  provide  for  the  payment  of 
assessments  thereon,  and  to  repeal  chapter  four  hundred  and 
seventy-six  of  the  laws  of  eighteen  hundred  and  eighty-six, 
entitled  "An  act  authorizing  the  Boai'd  of  Commissioners  of 
the  Washington  Park  of  the  city  of  Albany  to  acquire  real 
estate  on  the  Avest  side  of  South  Pearl  street  in  the  city  of 
Albany  for  the  pui'pose  of  a  public  park,  and  a  roadway  in 
connection  therewith." 

Approved  by   the  Governor  May  I'G,    1890.     Passed,   three-fifths  being 
present. 

Tlie  People  of  the  State  of  Nein  York,  represented  in  Senate  and 
Assembly,  do  enact  as f allows. • 

Acquisition  of  lands  for  park. — Description  of  lands. — Proceed- 
ings to  acquire  title. 

Section  1.  The  Board  of  Commissioners  of  the  Washington  Park, 
their  successor  or  successors,  of  the  city  of  Albany,  shall  proceed 
to  acquire  for  a  public  park,  the  title  to  all  the  lands  lying  and 
being  in  the  Second  and  Fifteenth  Wards  of  the  city  of  Albany 
bounded  as  folloAvs: 

Beginning  at  the  north-eastern  intersection  of  Delaware  avenue 
and  Morton  street,  and  running  north  along  the  east  line  of  Dela- 
ware avenue  to  such  a  point  between  Wai'ren  street  and  Park 
avenue,  as  shall  be  designated  by  said  commissioners,  thence  east 
along  a  line  to  bo  designated  by  said  commissioners  between 
Warren  street  and  Park  avenue  to  Swan  street,  thence  northerly 
along  the  west  line  of  Swan  street  to  the  south  line  of  Myrtle 
avenue,  thence  easterly  along  the  south  line  of  Myrtle  avenue  to 
Hawk  street,  thence  south  along  the  west  side  of  Hawk  street  to 
the  south  side  of  Charles  street,  thence  east  along  the  south  side 
of  Charles  street  to  High  street,  thence  south  along  the  west  side 
of  High  street  to  the  south  side  of  Park  avenue,  thence  east  along 
the  south  side  of  Park  avenue  to  Eagle  street;  thence  south  along 
the  west  side  of  Eagle  street  to  Prospect  place;  thence  east  along 


City  of  Albany.  437 

the  south  side  of  Prospect  place  to  a  common  alh  y,  thence 
south  along  said  common  alley  to  a  point  on  Morton  street 
three  hundred  and  eighty  feet  east  of  Eagle  street;  thence 
west  along  the  north  side  of  Morton  street  to  the  place  of  begin- 
ning. And  the  said  board  shall  proceed  to  acquire  title  to  the 
same  according  to,  and  in  pursuance  of  the  provisions  of  title 
seventeen  of  chapter  two  hundred  and  ninety-eight  of  the  laws 
of  eighteen  hundred  and  eighty-three,  entitled  "An  act  to  provide 
for  the  government  of  the  city  of  Albany,"  and  of  the  several 
acts  amendatory  thereof;  but  the  proceedings  for  condemnation 
and  the  acquisition  of  title  to  said  lands  shall  be  conducted  as  a 
whole  and  all  the  property  to  be  taken  shall  be  valued  in  one 
proceeding  and  no  valuation  shall  be  finally  arrived  at,  agreed 
upon  or  reported  by  the  commissioners  appointed  to  make  such 
appraisal,  until  the  several  appraisals  for  all  the  lands  above 
directed  to  be  taken,  shall  be  completed. 

(As  amended  by  chapter  134,  Laws  of  1892.) 

§  2.  The  absolute  fee  of  said  real  estate  so  purchased  or 
acquired  under  and  by  virtue  of  this  act  shall  be  vested  in  such 
commissioners  and  their  successors,  in  trust,  for  the  pui-poses  of 
a  public  park,  and  said  park  shall  be  known  as  Beaver  Park. 

Payment  of  unpaid  assessments. — Assessments  confirmed. 

§  3.  For  the  purpose  of  paying  the  price  of  purchasing  and 
acquiring  said  real  estate,  and  the  cost  and  expenses  of  the  pro- 
ceedings to  acquire  the  same,  which  shall  not  exceed  in  the 
aggregate  the  sum  of  three  hundred  and  fifty  thousand  dollars 
it  shall  be  the  duty  of  the  Board  of  Finance  of  the  city  of  Albany 
to  borrow  on  the  faith  and  credit  of  the  city  of  Albany  such  sums 
as  shall  be  required  to  pay  the  expenditures  authorized  under 
this  act,  and  to  issue  registered  bonds  of  said  city  therefor,  which 
bonds  shall  be  signed  by  the  said  Mayor  and  Chamberlam,  and 
shall  be  made  payable  both  principal  and  interest  at  the  office 
of  the  Chamberlain  in  the  city  of  Albany,  the  principal  thereof 
in  twenty  annual  payments  following  the  first  issue  thereof  as 
nearly  equal  in  amount  as  possible;  they  shall  bear  interest  at  a 
rate  to  be  fixed  by  the  Board  of  Finance  of  said  city,  not  to 
exceed  however  five  per  centum  per  annum,  payable  semi-annu- 
ally, and  as  fast  as  the  money  shall  be  required  by  said  commis- 
sioners they  shall  be  negotiated  by  said  Board  of  Finance  as 


438  Laws  Relating  to  the 

hereafter  provided,  and  the  money  received  therefrom  shall  be 
deposited  Avith  the  Chamberlain  of  said  city,  who  shall  keep  a 
separate  account  thereof  and  shall  pay  therefrom,  upon  the  order 
of  said  board,  their  successors  or  successor,  such  sum  as  shall  be 
required  for  the  expenditures  authorized  by  this  act.  The  nego- 
tiations of  such  bonds  shall  be  by  selling  the  same  by  the  City 
Chamberlain  to  the  highest  bidder  at  public  auction  at  not  less 
than  par,  giving  at  least  ten  days'  previous  notice  of  the  time  and 
place  of  sale  by  publication  in  the  city  papers  designated  for  the 
publication  of  the  city  proceedings.  The  Chamberlain  of  the  city 
of  Albany  is  hereby  authorized  to  make  advances  for  the  neces- 
sary expenditures  by  the  said  commissioners,  upon  their  order 
or  draft,  from  any  funds  in  his  possession  prior  to  the  issuing  of 
the  bonds  herein  autliorized,  and  to  be  reimbursed  from  the  pro- 
ceeds of  subsequent  sale  of  any  of  said  city  bonds.  It  shall  be 
the  duty  of  the  Common  Council  of  said  city  to  cause  to  be  raised 
yearly,  by  tax  upon  the  taxable  property  in  said  city  in  the  same 
manner  as  the  other  general  taxes  are  levied,  a  sum  sufficient  to 
pay  the  interest  upon  said  bonds,  when  and  as  the  same  shall 
become  due  and  payable,  and  from  time  to  time  in  like  manner 
to  raise  the  money  necessary  to  pay  the  principal  of  said  bonds 
as  they  shall  fall  due.  Any  balance  remaining  in  the  hands  of 
the  said  commissioners  out  of  said  fund  after  paying  for  said 
lands  and  the  expense  of  acquiring  the  same,  or  so  much  thereoi 
as  shall  be  necessary,  shall  be  used  and  expended  by  said  com- 
missioners in  the  completion  and  improvement  of  said  park. 
Wherever  an  assessment  shall  have  been  made  and  be  now 
unpaid,  or  a  sale  shall  have  been  had  and  the  premises  shall  noi 
have  been  redeemed  therefrom,  affecting  any  of  the  land  to  De 
taken  under  the  provisions  of  this  act  and  such  assessment  shall 
have  been  made  or  sale  shall  have  been  had  under  or  pursuant 
to  any  of  the  following  laws  of  the  Common  Council  of  the  city 
of  Albany,  namely:  Excavating,  filling  and  laying  sidewalk, 
south  side  Morton  street,between  Elizabeth  and  Dove  street.  Law 
passed  by  Common  Council  December  fifth,  eighteen  hundred 
and  seventy.  Excavating,  filling  and  forming  Park  avenue  from 
Delaware  avenue  to  east  of  Dove  street,  and  Dove  street  from 
Park  avenue  to  Myrtle  avenue.  Law  passed  by  Common  Council 
September  twenty-sixth,  eighteen  hundred  and  seventy.  Laying 
drain  in  Warren  alley,  from  drain  in  Warren  street  to  one  huu- 


City  of  Albany.  439 

dred  thirty-fiTe   feet   south.    Law   passed   by   Commou   Council 
April,    eighteen    hundred    and    seventy-one.      Confirmed    July, 
eighteen  hundred  and  seventy-one.    Excavating,  filling  and  form- 
ing Delaware  avenue  from  Madison  avenue  to  five  hundred  feet 
south  of  Morton  street.    Law  passed  by  Common  Council  Septem- 
ber sixteenth,  eighteen  hundred  and  seventy-two.     Laying  side- 
walks on  Morton  street,  south  side,  between  Elizabeth  and  Dove 
streets.     Law   of    September   sixteenth,    eighteen   hundred    and 
seventy-two.    Laying  drain  in  Park  avenue,  from  Dove  street  to 
Delaware  avenue.    Confirmed  September  fifteenth,  eighteen  hun- 
dred and  seventy-three.    Laying  drain  in  Dove  street,  from  Park 
avenue  to  a  point  one  hundred  fifty-nine  and  one-half  feet  north. 
Confirmed  February  sixteenth,  eighteen   hundred  and  seventy- 
four.     Excavating,   filling,   forming  and  paving   Myrtle  avenue 
between  High  and  Hawk  streets.    Law  passed  by  Common  Coun- 
cil June  ninth,  eighteen  hundred  and  seventy-three.   Laying  drain 
in  Philip  street  from  Warren  street  to  alley  one  hundred  feet 
north  of  Morton  street.     Law  passed  by  Common  Council  April 
twenty-third,  eighteen  hundred  and  seventy-four.     Laying  drain 
in  Johnson  alley  from  High  street  to  Beaver  creek  west  of  Hawk 
street.     Law   passed   by   Common   Council    September   seventh, 
eighteen  hundred  and  seventy-four.    Excavating,  filling,  forming 
and  paving  Johnson  alley  from   Grand  to  Philip  street.     Law 
passed  by  Common  Council  October  nineteenth,  eighteen  hundred 
and  seventy-four.    Excavating,  filling,  forming  and  paving  John- 
son alley  from  Philip  to  Eagle  streets.    Law  passed  by  the  Com- 
mon Council  October  nineteenth,  eighteen  hundred  and  seventy- 
four.     Laying  plank  walk  in  Park  avenue  from  High  street  to 
the    bridge    over    Beaver    creek.      Confirmed     November    fifth, 
eighteen  hundred  and  seventy-four.     Laying  drain  in  Elizabeth 
street  from    Warren   street   to   Warren   alley.      Law   passed   by 
Common  Council  July  ninth,  eighteen  hundred  and  seventy-five. 
Morton  street  repairs,  between  Hawk  and  Swan  streets,  north 
side.     Confirmed  December  twenty-third,  eighteen  hundred  and 
seventy-six.     Excavating,  filling  and  forming  Swan  street  from 
Elm  street  to  Morton  street.     Law  passed  by  Common  Council 
June  fifteenth,  eighteen  hundred  and  seventy-four.    Laying  drain 
in  Charles  street  from  ninety  feet  west  of  Philip  street  to  Philip 
street.      Law   passed    by    Common    Council    October   twentieth, 
eighteen    hundred    and    seventy-nine.      Excavating,    filling    and 


440  Laws  Relating  to  the 

forming  Myrtle  aveuue  from  Dove  street  to  Delaware  avenue. 
Law  passed  by  Common  Council  October  twentieth,  eighteen  hun- 
dred and  seventy-nine.  Laying  drain  in  Myrtle  avenue  from 
Dove  street  to  Delaw^are  avenue.  Law  passed  by  Common  Coun- 
cil December  sixth,  eighteen  hundred  and  eighty.  Excavating, 
filling  and  forming  Park  avenue,  from  Delaware  avenue  to  Swan 
street.  Law  passed  by  the  Common  Council  October  fourth, 
eighteen  hundred  and  seventy-five.  Laying  drain  in  Park  avenue, 
between  Swan  and  Dove  streets.  Law  passed  November  twenty- 
fourth,  eighteen  hundred  and  seventy-nine.  Laying  plank  walk 
at  Prospect  place,  between  Philip  and  Eagle  streets.  Law  passed 
by  Common  Council  August  thirtieth,  eighteen  hundi-ed  and 
eighty.  Laying  plank  walk  in  Swan  street  from  Providence 
street  to  Hall  avenue.  Law  passed  by  Common  Council  April 
fourteenth,  eighteen  hundred  and  seventy-nine.  Laying  drain  in 
Warren  street  from  alley  east  of  Swan  street  to  Beaver  creek. 
Laws  passed  by  Common  Council  June  seventh,  eighteen  hundred 
and  eighty.  Laying  drain  in  Dove  street,  between  Myrtle  avenue 
and  Irving  street.  Law  passed  by  Common  Council  December 
eighteenth,  eighteen  hundred  and  eighty-two.  Morton  street, 
I'epairs,  between  Hawk  and  Swan  streets.  Confirmed  October 
eighteenth,  eighteen  hundred  and  eighty-one.  Warren  street 
opening.  Confirmed  March  nineteenth,  eighteen  hundred  eighty- 
eight.  Laying  drain  in  Delaware  avenue,  from  Madison  to 
Myrtle  avenues.  Law  passed  by  Common  Council  June  nine- 
teenth, eighteen  himdred  and  eighty-five.  Laying  drain  in  Myrtle 
avenue,  from  Dove  street  to  a  point  sixty-six  feet  east  of  Dove 
street.  Law  passed  by  Common  Council  August  third,  eighteen 
hundred  and  eighty-five.  Morton  street  repairs,  between  Hawk 
and  Swan  streets.  Confirmed  January  third,  eighteen  hundred 
and  eighty-seven.  Filling  vacant  lots  in  block  bounded  by  War- 
ren, Hawk,  Swan  streets.  Park  and  Myrtle  avenues.  Law  passed 
by  Common  Council  November  seventeenth,  eighteen  hundred 
and  eighty-four.  Filling  vacant  lots  in  block  bounded  by  WaiTen, 
Eagle,  Hawk  and  Providence  streets.  Law  passed  by  Common 
Council  September  fifteenth,  eighteen  hundred  and  eighty-four. 
Paving  Philip  and  Warren  streets.  Law  passed  by  Common 
Council  April  first,  eighteen  hundi'ed  and  eighty-nine,  and  June 
thii'd,  eighteen  hundred  and  eighty-nine.  Repairing,  extending 
and  completing  the  Beaver  creek  sewer  from  west  line  of  Grand 


City  of  Albany.  441 

street  to  the  sewer  ucar  the  intersection  of  Lark  street  and 
Myrtle  avenue.  Law  passed  by  Commou  Council  May  seven- 
teenth, eighteen  hundred  and  eighty-seven.  A  law  to  authorize 
the  grading,  filling,  forming,  curbing  and  paving  and  repaving 
the  carriageway  and  sidewalk  of  that  portion  of  Delaware  ave- 
nue between  the  north  side  of  Warren  street  and  the  south  side 
of  Second  avenue  with  Trinidad  sheet  asphalt  pavement,  the 
assessment  under  which  was  confirmed  March  second,  eighteen 
hundred  and  ninety-one.  There  shall  be  paid  to  the  city  of 
Albany,  or  the  purchaser,  as  the  case  may  be,  out  of  the  purchase 
price  of  any  piece  of  property  taken  for  the  park,  the  amount  of 
such  assessment  with  interest  as  prescribed  by  the  act  of  the 
Legislature  under  which  it  was  imposed,  or  the  price  for  whicli 
such  land  was  sold  with  like  interest,  and  all  assessments  made 
and  all  sales  had  under  the  said  several  laws  above  mentioned 
as  the  same  appear  on  the  books  and  records  in  the  Chamber- 
lain's oflice  in  the  city  of  Albany,  are  hereby  confirmed  and  i"ati- 
fied,  and  the  same  are  and  each  of  them  is  hereby  declared  to  be 
a  lien  upon  the  said  several  lands  upon  which  said  assessments 
were  imposed. 

(As  amended  by  chapter  134,   Laws  of  1892.) 

§  4.  The  fees  of  the  commissioners  who  may  be  appointed  under 
the  provisions  of  this  act  shall  not  exceed  the  sum  of  ten  dollars 
per  day  for  each  and  every  day  actually  engaged. 

§  5.  Chapter  four  hundred  and  seventy-six  of  the  Laws  of 
eighteen  hundred  and  eighty-six  is  hereby  repealed. 

§  5a  (§4).  It  shall  be  a  misdemeanor  for  any  person  to  discharge, 
throw  or  dump  upon  the  lands  above  described  after  the  title 
thereto  shall  be  acquired  under  the  provisions  of  this  act,  or  to 
suffer  to  flow  or  pass,  or  be  discharged,  thrown  or  dumped  upon 
such  lands  from  any  premises  owned  or  occupied  in  whole  or  in 
part  by  such  person  any  refuse  or  dirty  water,  drainage  or 
sewage  or  any  other  material  or  thing  whatsoever. 
(Added  by  chaDter  134.   Laws  of  1892.) 


442  Laws  Delating  to  the 

Certificates  for  paying  awards. — Form  thereof. — Contents  of 
certificates. — Rate  of  interest. — Certificates,  when  payable, 
etc. — Notice  of  payment. — Deposit  of  certificates  and  money 
in  certain  cases. — Notice  of  deposit  of  moneys. — Delivery 
and  payment  by  order  of  court. — Issue  of  bond  for  certifi- 
cates. 

§  6.  For  the  purpose  of  paying  the  awards  aud  the  costs  and 
expenses  of  acquiring  title  to  said  real  estate,  and  discharging 
any  and  all  liens  and  incumbrances  existing  thereon,  in  case  the 
bonds  authorized  to  be  issued  by  section  three  of  the  act  hereby 
amended  shall  not  be  issued  before  this  act  takes  effect,  the 
Chamberlain  of  the  city  of  Albany  shall  deliver  to  the  several 
persons  or  corporations  to  whom  an  award  has  been  made,  or 
who  shall  appear  by  the  order  of  the  Supreme  Court  confirming 
the  report  of  the  commissioners  heretofore  duly  appointed  in  the 
proceedings  to  acquire  title  to  said  real  estate,  duly  made  and 
entered  in  the  office  of  the  Clerk  of  the  county  of  Albany,  on  the 
twenty-ninth  day  of  August,  eighteen  hundred  and  ninety-three, 
to  be  interested  in  said  real  estate  as  the  owners  of  any  liens 
or  incumbrances  thereon  on  said  date  last  mentioned  upon  their 
signing  a  joint  receipt  therefor  aud  a  quit-claim  deed  of  the  lands 
and  premises  described  in  said  order,  or  he  shall  deposit,  as  is 
hereinafter  provided,  a  certificate,  in  writing,  which  said  certifi- 
cate shall  be  in  substantially  the  following  form: 

Registered  No % 

CERTIFICATE  OF  INDEBTEDNESS. 

This  is  to  certify  that,  in  pursuance  of  chapter of 

the  laws  of  the  State  of  New  York,  passed 

eighteen  hundred  and  ninety-four,  the  city  of  Albany  is  indebted 

to ,  or  assigns,  in  the  sum  of 

with  interest  thereon,  from  the  twenty-ninth  day  of  August, 
eighteen  hiuidred  aud  ninety-three,  on  account  of  an  award  made 
for  a  certain  piece  or  parcel  of  laud,  described  and  laid  out  on 
a  map  made  by  Horace  Andrews,  City  Engineer  of  the  city  of 
Albany,  in  certain  proceedings,  entitled  "  In  the  matter  of  the 
application  of  the  Board  of  Commissioners  of  the  Washington 
Park  of  the  city  of  Albany  to  acquire  title  to  real  estate  in  the 
city  of  Albany  for  the  purpose  of  a  public  park,  to  be  known  as 
Beaver  Park,"  and  filed  in  the  Albany  County  Clerk's  office,  with 


City  of  Albany.  443 

the  report  of  the  commissioners  appointed  to  condemn  and 
acquire  the  land  to  be  talien  in  such  proceedings,  and  which 
said  parcel  of  land  is  more  particularly  described   as   follows: 

and  forms  a  portion  of  the  whole  land  described  by  metes  and 
bounds  in  the  report  of  said  commissioners,  to  which  reference 
is  hereby  made.  This  certificate  is  payable  on  the  first  day  of 
February,  eighteen  hundred  and  ninety-five,  unless  the  said  the 
city  of  Albany  elects  to  pay  the  same  before  said  last-mentioned 
date,  from  the  moneys  derived  from  the  sale  of  the  bonds  issued 
in  pursuance  of  chapter  four  hundred  and  forty-nine  of  the  laws 
of  eighteen  hundred  and  ninety,  and  the  acts  amendatory  thereof, 
for  the  purpose  of  paying  said  award.  This  certificate  shall  not 
draw  interest  for  a  longer  time  than  until  February  fii-st,  eighteen 
hundred  and  ninety-five,  nor  for  a  longer  time  than  up  to  its 
payment,  nor  after  the  undersigned  shall  have  given  to  the 
person  in  whose  name  this  certificate  has  been  last  registered  the 
notice  mentioned  and  described  in  the  act  first  above  referred  to. 
In  witness  whereof,  the  Chamberlain  of  the  city  of  Albany  has 

hereunto  set  his  hand,  this day  of ,  1894. 

(Signature.) 

Chamberlain. 

Such  certificate  so  delivered  or  deposited  shall  state  each  and 
every  person,  persons,  corporation  or  corporations,  to  whom  such 
award  has  been  made  for  the  particular  lot  of  land  therein 
described  as  the  owner  or  owners  of  the  fee,  mortgagee,  judg- 
ment creditor,  or  the  owner  of  any  other  lien  or  incumbrance 
thereon;  it  shall  describe  the  property  taken  and  for  which  such 
award  is  made  as  it  is  described  in  said  order  of  confirmation, 
and  shall  also  state  the  amount  of  such  award  as  stated  in  said 
order  of  confirmation,  after  deducting  therefrom  the  amount  of 
all  taxes,  water  rents  and  assessments  together  with  the  interest 
thereon  due  and  payable  to  the  city  of  Albanj-  at  the  date  of  the 
issuance  of  such  certificate,  and  after  also  deducting  all  sums  of 
money  together  with  the  interest  thereon  to  the  date  of  such  cer- 
tificate paid  by  said  city  as  the  purchaser  at  any  tax  and  assess- 
ment sale  or  sales,  as  set  forth  in  said  order  of  confirmation. 
Such  certificate  shall  acknowledge  an  indebtedness  on  the  part 
of  the  city  of  Albany  to  the  person,  persons,  corporation  or  cor- 


444  Laws  Relating  to  the 

poratlous  therein  uamed  as  owner  of  the  fee,  mortgagee,  judg- 
ment creditor  or  otherwise  in  the  amount  of  such  award,  after 
malviug  the  deductions  hereinbefore  referred  to,  and  shall  bear 
interest  at  the  rate  of  six  per  cent  per  annum  from  date  of  the 
entry  of  such  order  of  confirmation,  as  aforesaid.  Such  certifi- 
cates shall  be  subscribed  by  said  Chamberlain;  shall  be 
registered  in  his  office  and  shall  be  payable  on  the  first  day  of 
February,  eighteen  hundred  and  ninety-five,  unless  sooner  paid 
from  the  proceeds  of  the  sale  of  the  bonds  hereinbefore  referred 
to,  and  authorized  under  the  provisions  of  tliis  act  and  of  the  act 
hereby  amended  to  be  issued  for  the  puii^ose  of  paying  such 
awards.  No  certificates,  so  issued,  shall  bear  interest  for  a 
longer  time  than  until  the  first  day  of  February,  eighteen  hun- 
dred and  uiuetj^-five,  nor  for  a  longer  time  than  up  to  the  date  of 
its  payment,  nor  shall  any  such  certificate  bear  interest  after  the 
Chamberlain  of  such  city  shall  have  given  notice  of  his  readiness 
to  pay  the  same  to  the  person,  persons,  corporation  or  corpora- 
tions in  whose  name  or  names  said  certificate  shall  have  been 
last  registered  in  the  office  of  said  Chamberlain.  Said  notice  shall 
be  in  writing  and  shall  be  served  on  said  person,  persons,  corpo- 
ration or  corporations,  by  depositing  the  same  in  the  post-office 
in  a  securely  closed  envelope,  with  postage  prepaid,  addressd  to 
said  person,  persons,  corporation  or  corporations  at  the  address 
appearing  opposite  the  name  on  the  register  thereof  kept  by  said 
Chamberlain.  In  case  of  unknown  owmers  the  Chamberlain  shall 
(and  as  to  any  or  all  of  said  real  estate  in  case  there  shall  be  any 
dispute  as  to  the  ownership  thereof  or  of  any  lien  or  incumbrance 
thereon,  or  when  either  of  the  persons  whose  name  appears  in 
said  certificate  refuses  or  is  legally  incompetent  to  accept  the 
same,  and  sign  a  receipt  therefor,  or  sign  and  acknowledge  the 
deed  referred  to  in  the  said  order  of  confirmation,  the  Chamber- 
lain may)  deposit  such  certificate  in  the  bank  designated  for 
holding  moneys  belonging  to  the  city  to  be  held  in  the  custody  of 
such  bank  until  an  adjudication  shall  be  had  in  the  courts  as  to 
the  persons  entitled  thereto,  and  when  the  moneys  ai*e  obtained 
from  the  sale  of  said  bonds  hereinbefore  referred  to,  if  such  cer- 
tificates shall  not  have  been  theretofore  surrendered  by  said  bank 
pursuant  to  an  order  of  the  court  he  shall  deposit  such  moneys 
to  the  amount  required  to  pay  such  certificates  so  deposited  in 
said  bank,  to  the  credit  of  the  respective  persons  therein  named. 


City  of  Albany.  445 

and  in  case  of  uukuowu  owuers,  to  the  credit  of  the  real  estate 
for  which  the  award  has  been  made,  and  take  up  and  cancel 
such  certificate  so  deposited.    And  upon  payment  or  the  deposit 
of  the  money  therefor,  as  aforesaid,  all  liability  on  the  part  of 
the  city  shall  cease.     In  case  any  deposit  of  money  shall  be  so 
made,  notice  of  the  same  shall  be  immediately  published  by  the 
Chamberlain  of  the  city  in  the  official  papers  for  a  period  of  ten 
days,   specifying  the  name  or  names  of  the  persons  to   whose 
credit  such  deposit  has  been  made,  and  when  the  names  of  the 
persons  to  whom  the  award  has  been  made  are  unknown,  such 
notice  shall  specify  the  particular  real  estate  for  which  the  same 
has   been   made,   and  the   amount  thereof,   and   in   what   bank 
deposited.    And  if  there  shall  be  any  question  as  to  the  title  of 
said  real  estate,  or  as  to  any  liens  or  incumbrances  on  any  of 
said  real  estate,  or  as  to  the  persons  to  whom  any  portion  of  such 
award  shall  be  paid,  the  said  certificate  shall,  nevertheless,  be 
delivered  to,  or  the  amoimt  of  such  award  after  the  same  shall 
have  been  deposited  as  aforesaid  shall  be  paid  wholly  or  in  part 
to  such  person  or  persons  as  shall  by  the  order  of  the  Supreme 
Court,  or  a  judge  thereof,  upon  notice  to  the  Corporation  Counsel, 
be  declared  to  be  entitled  thereto;    and  if  any  such  owner  or 
person  interested  is  an  infant  or  otherwise  legally  incompetent 
to  receive  the  same  and  give  the  necessary  receipt  and  release 
therefor,  the  said  court  may  authorize  the  amount  to  which  said 
infant  or  other  person  is  entitled  to  be  paid  to  the  guardian  or 
trustee  of  such  infant  or  other  person,  who  has  given  or  shall 
give  satisfactory  security  to  account  to  the  said  infant  or  such 
other  incompetent  person  therefor,  and  to  pay  over  the  same.    In 
order  to  pay  said  certificates  of  indebtedness  when  they  shall 
fall  due,  it  shall  be  the  duty  of  the  Board  of  Finance  of  the  citj' 
of  All)any,  to  issue  the  registered  Ijonds  of  said  city  therefor,  as 
provided  in  and  by  section  three  of  the  act  hereby  amended,  in 
such  amount  as  shall  be  necessary  to  pay  the  total  amount  of  the 
certificates  of  indebtedness  herein  authorized  and  to  redeem  the 
same  as  they  shall  be  respectively  presented  to  said  Chamberlain 
for  paj'ment. 

(Added  by  chapter  17,  Laws  of  1894.) 


446  Laws  Ri.  la  ting  to  the 

Park  impi'ovement  certificates. — Form  thereof. — Negotiation, 
etc. — Proceeds,  how  applied. — Work,  when  to  commence. 
§  7.  The  Chamberlain  of  the  city  of  Albany  is  hereby  authorized 
and  directed,  upon  the  written  requisition  or  requisitions  of  the 
Board  of  Commissioners  of  the  Washington  Park,  signed  by  its 
President  and  Secretary,  to  prepare  and  negotiate  registered  cer- 
tificates, Avhich  shall  be  in  the  following  form: 

Registered  No $ 

CERTIFICATE  OF  INDEBTEDNESS. 

THE  CITY  OF  ALBANY. 

BEAVER  PARK  IMPROVEMENT. 

(Insert  date.) 
THIS  IS  TO  CERTIFY,  That  the  city  of  Albany  is  indebted  to 
(insert  name  of  payee)  in  the  sum  of  (insert  amount)  dollars,  for 
value  received,  which  sum,  with  interest  thereon  from  the  date 
hereof  to  the  date  of  its  payment,  at  the  rate  of  (here  insert  rate 
of  per  cent)  per  cent  per  annum,  the  city  of  Albany  agi-ees  to  pay 

(here  insert  name  of  payee)  or  to  order  as 

registered  in  the  office  of  the  Chamberlain  on  the day 

of ,  1894,  unless  renewed  on  that  date,  as  pro- 
vided in  and  by  the  statute  hereinafter  referred  to.  This  cer- 
tificate is  issued  pursuant  to  chapter  (here  insert  the  proper 
chapter)  of  the  Laws  of  eighteen  hundred  and  ninety-four,  and  the 
faith  and  credit  of  the  city  of  Albany  is  pledged  to  the  payment 
thereof. 

In  witness  whereof,  the  Mayor  of  the  city  of  Albany  has 
hereunto  set  his  hand  the  day  and  year  first  above 
written,  and  these  presents  have  been  duly  counter- 
signed by  its  Chamberlain. 

In  the  presence  of: 

(Signature.) 
Mayor  of  the  City  of  Albany. 
Registered  in  my  office  and  countersigned  (insert  date). 

(Signature.) 

Chamberlain. 

Said  certificates  shall  be  signed  by  the  Mayor  of  the  city  of 
Albany  and  shall  be  registered  and  a  description  thereof  be 
entered  in  the  records  of  the  Chamberlain's  office,  and  shall  then 


CiTT  OF  Alba.\y.  447 

be  countersigned  and  negotiated  by  him  at  not  less  than  their 
face  or  par  value,  aud  the  proceeds  thereof  shall  be  held  by  said 
Chamberlain  as  a  separate  fund  to  be  paid  out  upon  the  vsrarrants 
drawn  by  the  said  Board  of  Commissioners  of  the  Washington 
Park  upon  the  Chamberlain;  aud  such  certificates  so  to  be  issued 
under  this  section  shall  not  exceed  in  the  aggregate  the  sum  of 
twenty-five  thousand  dollars,  and  the  proceeds  thereof  shall  be 
used  in  paying  for  work  to  be  done  (including  the  tools  necessary 
to  be  used)  in  grading  and  otherwise  preparing  the  ground 
required  for  Beaver  Park,  for  park  purposes,  and  for  no  other 
purpose;  and  said  Board  of  Commissioners  of  Washington  Park 
are  directed  to  proceed  at  once  with  such  work  whenever  the 
money  is  available  for  that  purjwse. 

(Added  by  chapter  17,  Laws  of  1894.) 

Advances  for  expenditures.— Certificates,  when  payable,  etc. — 
Bonds  for  principal  and  interest. — Interest  on  certificates, 
how  paid. — Deduction  of  assessments,   etc. — How   applied. 

§8.  The  Chamberlain  of  the  city  of  Albany  is  authorized  to 
advance,  for  the  purposes  of  this  act,  from  any  fund  or  funds  in 
his  hands  not  required  for  immediate  expenditures,  any  money 
thus  available  in  anticipation  of  the  negotiation  of  any  certifi- 
cates provided  for  in  section  seven  of  this  act,  and  the  same  shall 
be  returned  to  such  fund  or  funds  whenever  it  shall  be  realized 
from  such  certificates.  The  said  certificates  so  to  be  issued  shall 
be  payable  at  such  time  or  times  and  shall  bear  interest  at  such 
rate  or  rates  not  exceeding  five  per  cent  as  may  be  fixed  by  the 
Board  of  Finance  of  the  city  of  Albany,  and  may  be  renewed 
by  direction  of  the  said  Board  of  Finance,  and  at  its  option,  in 
case  it  shall  not  be  thought  desirable  to  issue  the  bonds  herein- 
after provided  for  before  maturity  of  such  certificates,  or  any  of 
them,  provided  that  all  certificates  to  be  issued  hereunder  shall 
be  so  made  payable  that  they  shall  be  redeemed  not  later  than 
the  first  day  of  February,  eighteen  hundred  and  ninety-five,  and 
shall  be  paid  out  of  the  proceeds  of  the  sale  of  the  bonds  to  be 
issued  by  the  city  of  Albany  in  continuance  of  and  in  all  respects 
in  the  form  and  manner  required  in  the  case  of  bonds  authorized 
by  section  three  of  the  act  hereby  amended.  The  bonds  so 
authorized  by  said  last  mentioned  section  three  of  the  act  hereby 
amended  to  be   issued,   shall  be   issued   in   such   an   aggregate 


448  Laws  Relating  io  -ihe 

amount  that  the  proceeds  of  the  sale  thereof  shall  be  sufficieut 
for  the  purpose  of  recleemiug  and  paying  in  full  both  principal 
and  interest  all  certificates  authorized  by  any  of  the  provisions 
of  this  act,  and  not  otherwise  provided  for.  The  interest  on  all 
certificates  issued  under  this,  nnd  the  seventh  section  of  this  act, 
shall  be  paid  as  often  as  the  same  becomes  due,  by  the  Chamber- 
lain out  of  any  unappropriated  money,  or  out  of  any  fund,  not 
required  for  immediate  use,  in  his  hands,  and  shall  be  raised  in 
the  next  annual  tax  budget,  and  be  repaid  to  the  source  or  fund 
from  which  it  may  be  advanced.  In  case  the  city  of  Albany  shall 
have  been  the  purchaser  of  any  piece  of  pi'operty  taken  for 
Beaver  Park  at  any  assessment  sale  held  under  and  pursuant  to 
the  several  laws  in  section  three  of  the  act  hereby  amended, 
mentioned,  or  shall  have  been  a  purchaser  at  any  tax  sale  held 
pursuant  to  the  provisions  of  the  charter  and  laws  regulating  the 
government  of  the  city  of  Albany,  the  amount  of  said  assess- 
ment, with  interest,  as  prescribed  by  the  act  of  the  Legislature, 
under  which  it  was  imposed,  to  and  until  the  date  of  the  issuance 
of  the  certificate  hereinbefore  in  this  act  referred  to,  or  the  price 
for  which  said  land  was  sold,  together  with  the  costs  and 
expenses  of  said  sale,  with  a  like  interest,  shall  be  deducted  out 
of  the  purchase  price  of  any  piece  of  property  taken  for  said 
park,  and  shall  be  deposited  with  the  Chamberlain  of  said  city 
and  credited  by  him  to  the  account  of  the  Board  of  Commis- 
sioners of  the  Washington  Park,  and  shall  be  available  for  the 
payment  of  said  certificates  of  indebtedness,  described  in  this 
and  the  foregoing  section,  or  if  not  needed  for  the  payment  of 
said  cex-tificates  shall  be  added  to  any  balance  remaining  in  the 
hands  of  the  said  commissioners,  after  paying  for  said  lands  and 
the  expense  of  acqiiiring  the  same,  and  shall  together  Avith  all 
money  derived  from  the  sale  of  the  buildings  and  other  structures 
on  the  lands  acquired  for  said  Beaver  Park  be  used  and  expended 
by  said  commissioners  if  in  their  judgment  the  same  is  necessary 
in  the  completion  and  improvement  of  said  park. 

(Aflded  by  chapter  17,  Laws  of  1894.) 
Proceedings  legalized. 

§  9.  The  proceeding  heretofore  commenced  in  pursuance  of  the 
act  hereby  amended  for  the  purpose  of  acquiring  title  to  the  land 
therein  described  and  entitled  "  in  the  matter  of  the  application 
of  the  Board  of  Commissioners  of  Washington  Park  of  the  city 


City  of  Albany.  449 

of  Albany  to  acquire  title  to  real  estate  in  the  city  of  Albany  for 
the  purpose  of  a  public  park  to  be  known  as  '  Beaver  Park,'  and 
all  the  various  steps  therein  taken  towards  the  completion  of  the 
same,  and  the  awards  therein  made  and  the  liens  and  incum- 
brances thereon,  as  set  forth  in  the  order  confirming  the  report 
of  the  commissioners  appointed  therein,"  are  hereby  in  all  things 
legalized  and  confirmed. 

(Added  by  chapter  17,  Laws  of  1894.) 


CHAPTER  154. 

An  Act  to  enable  the  Dudley  Observatory  of  the  city  of  Albany 
to  transfer  its  real  estate  to  the  city  of  Albany,  and  to  receive 
from  said  city,  certain  lands  in  exchange  therefor. 

Approved  by  the  Governor  March  IS,  1S92.  Passed,  three-fifths  bein^ 
present. 

The  People  of  tJie  State  of  New  York,  represented  in  Senate  and 
Assembly,  do  enact  as  follows  : 

Section  1.  The  Board  of  Trustees  of  "  The  Dudley  Observatory 
of  the  city  of  Albany,"  are  hereby  authorized  and  empowered  to 
grant  and  convey  to  the  Board  of  Commissioners  of  Washington 
Park  of  the  city  of  Albany,  for  the  purposes  of  a  public  common,  in 
said  city,  all  the  real  estate  and  the  buildings  thereon,  situated 
within  said  city  of  Albany,  of  which  they  now  stand  seized  and 
possessed,  and  to  receive  in  exchange  therefor,  in  the  manner 
and  subject  to  the  conditions  hereinafter  mentioned,  a  plot  of 
ground  not  exceeding  six  acres  in  extent,  to  be  accurately  defined 
and  described  by  metes  and  bounds  in  the  conveyance  thereof, 
and  not  more  than  fifteen  thousand  dollars  in  money  or  the  bonds 
of  the  city  of  Albany,  and  it  shall  be  lawful  for  the  Board  of 
Commissioners  of  Washington  Park  of  the  city  of  Albany,  with 
and  subject  to  the  approval  of  the  Mayor  of  the  city  of  Albany, 
to  convey  to  the  said  "  The  Dudley  Observatory  of  the  city  of 
Albany,"  not  more  than  six  acres  of  that  portion  of  real  estate 
of  which  the  said  Board  of  Commissioners  of  Washington  Park 
of  the  city  of  Albany,  are  now  seized  and  possessed,  known  as 
"  the  alms-house  farm."  Such  grant  and  conveyance  shall  be 
made  subject  however  to  the  condition  that  there  shall  be  erected 
on  said  land  so  granted  and  conveyed,  within  three  years  after 
the  execution  and  delivery  of  said  conveyance  from  said  city,  an 

29 


450  Laws  Relating  to  the 

observatory  building,  and  that  the  same  shall  be  used  upou  com- 
pletion, and  thereafter  continue  always  to  be  used,  as,  and  for, 
an  astronomical  observatory,  under  penalty  of  the  forfeiture  of 
said  laud  to  said  city  upou  failure  in  the  fulfillment  of  said  con- 
dition.   The  Board  of  Commissioners  of  Washington  Park  shall, 
nevertheless,  have  authority,  subject  to  the  approval  of  the  trus- 
tees of  said  observatory,  to  lay  out  and  maintain  said  premises 
as  if  the  same  were  still  a  part  of  the  lands  in  their  possession 
for  park  purposes.    And  upon  the  agreement  for  such  exchange 
being  made,  it  shall  be  lawful  for  the  Board  of  Finance  of  said 
city  of  Albany,  to  cause  the  bouds  of  the  city  of  Albany,  for  not 
more  than  fifteen  thousand  dollars  to  be  issued;    which  bonds 
shall  be  signed  by  the  Mayor  and  Chamberlain  and  shall  be  regis- 
tered and   made  payable   in  the   city  of   Albany,   the  principal 
thereof  in  not  more  than  fifteen  annual  payments  following  the 
first  issue  thereof  as  nearly  equal  in  amount  as  possible;    they 
shall  bear  interest  at  a  rate  to  be  fixed  by  said  Board  of  Finance, 
not  exceeding  five  per  centum  per  annum,  payable  semi-annually. 
The  negotiation  of  such  bonds  shall  be  by  selling  the  same  by 
the  said  Chamberlain  to  the  highest  bidder,  at  public  auction, 
at  not  less  than  par,  upon  giving  at  least  ten  days'  previous  notice 
of  the  time  and  place  of  sale  by  publication  in  the  otficial  papers 
of  said  city.    And  not  more  of  such  bonds  shall  be  sold  than  shall 
be  necessary  to  produce  the  sum  of  fifteen  thousand  dollars.    It 
shall  be  the  duty  of  the  Common  Council  of  the  city  of  Albany  to 
cause  to  be  raised  yearly  by  tax  upon  the  taxable  property  in 
said  city,  in  the  same  mauner  as  the  other  general  taxes  are 
levied,  a  sum  suflicient  to  pay  the  interest  upon  said  bonds,  when 
and  as  the  same  shall  become  due  and  payable,  and,  from  time  to 
time,  in  like  manner  to  raise  the  money  necessary  to  pay  the 
principal  of  said  bonds,  as  they  shall  fall  due. 

Upon  the  payment  of  such  fifteen  thousand  dollars  to  the 
trustees  of  "  The  Dudley  Observatory  of  the  city  of  Albany," 
such  trustees  shall  execute  and  deliver  to  the  Board  of  Commis- 
sioners of  Washington  Park  of  the  city  of  Albanj^  a  deed  with 
the  warranty  of  said  "  The  Dudley  Observatory  of  the  city  of 
Albany,"  of  all  the  real  estate  and  buildings  of  the  said  "  The 
Dudley  Observatory  of  the  city  of  Albany,"  situated  within  the 
corporate  limits  of  said  city,  and  the  Board  of  Commissioners  of 
W^ashington  Park  of  the  city  of  Albany  shall  execute  and  deliver 
to   the   trustees   of    "  The    Dudley   Observatoi-y   of   the    city    of 


City  of  Albany.  ■  451 

All)any,"  sul)jeot  to  the  couditious  aud  provisiuus  mentioued,  a 
deed  describiug  not  more  tliau  six  acres  of  the  real  estate  known 
as  "  the  alms-house  farm,"  the  title  to  which  is  now  vested  in  the 
Board  of  Commissioners  of  Washington  Parli  of  the  city  of 
Albany. 

CAs  amended   by  chapter  285,   Laws   of  1892.) 

Construction   of   act. 

§  2.  Nothing  in  this  act  shall  be  construed  as  requiring  a  trans- 
fer by  said  trustees  of  the  Dudley  Observatory  of  the  piers  of 
masonry  wliicli  now  support  the  instruments  in  use  by  said 
observatory,  or  the  lil)rary  cases  in  the  present  observatory 
buildings,  or  to  prevent  the  removal  thereof. 

§  3.  This  act  shall  take  effect  immediately. 


CHAPTER  762. 

An  Act  to  enaiile  tlie  city  of  Albany  to  procure  additional  laud 
for  park  puiposes. 

Became  a  law  IMay  23,  1894,  with  the  approval  of  the  Governor. 
Passed,    three-fifths   being  present. 

The  People  of  the  State  of  New  York,  represented  in  Senate  and 
Assembly,  do  enact  as  follows : 

Section  1.  The  Board  of  Commissioners  of  the  Washington 
Park,  tlieir  successors  or  successor,  of  the  city  of  Albany,  is 
hereby  authorized  and  empoAvered  to  acquire  for  a  public  park, 
the  title  to  all  the  lands  not  owued  by  said  city  of  Albany  Ij'ing 
and  being  in  the  Eighth  Ward  of  the  city  of  Albany  within  the 
area  bounded  as  follows:  Beginning  at  the  north-east  corner  of 
Knox  and  Colonic  streets;  thence  east  along  the  north  side  of 
Colonic  street  to  a  point  five  hundred  aud  eighty-six  feet  east 
of  the  east  side  of  Lark  street;  then  north  parallel  witli  Knox 
street  one  liundred  and  twenty-five  feet  to  the  north  side  of  lots 
lying  and  l)eing  ou  the  north  side  of  Coloule  street;  thence  east 
and  parallel  with  Colonic  street  about  eight  hundred  and  forty- 
one  feet  to  the  east  side  of  Swan  street;  thence  north  and  along 
east  side  of  Swan  street  and  said  Swan  street  line  produced  to 
north  side  of  Dudley  avenue  about  nine  hundred  and  forty-five 
feet;   thence  east  and  along  the  north  sile*  of  Dudley  avenue  to 

*So  in  the  original. 


452  Laws  Relating  to  the 

the  line  of  New  York  Central  railroad  lands  about  seven  hundred 
and  fifteen  feet;  thence  north  and  west  along  lands  of  the  New 
York  Central  railroad  to  a  point  where  the  east  line  of  Knox 
street  prolonged  meets  said  railroad  line;  thence  south  along  said 
prolongation  of  Knox  stx-eet  line  and  along  the  east  line  of  Knox 
street  to  place  of  beginning.  And  whenever  the  said  board  shall 
proceed  to  acquire  title  to  the  same  such  proceedings  shall  be 
taken  and  conducted  according  to  and  in  pursuance  of  the  pro- 
visions of  title  seventeen  of  chapter  two  hundred  and  ninety- 
eight  of  the  Laws  of  eighteen  hundred  and  eighty-three,  entitled 
"An  act  to  provide  for  the  government  of  the  city  of  Albany," 
and  of  the  several  acts  amendatory  thereof;  but  the  proceedings 
for  condemnation  and  the  acquisition  of  title  to  said  lands  shall 
be  conducted  as  a  whole,  and  all  the  property  to  be  taken  shall 
be  valued  in  one  proceeding,  and  no  valuation  shall  be  finally 
arrived  at,  agi'eed  upon  or  reported  by  the  commissioners 
appointed  to  make  such  appraisal,  until  the  several  appraisals  for 
all  the  lands  above  directed  to  be  taken  shall  be  completed. 

§  2.  The  absolute  fee  of  said  real  estate  so  purchased  or 
acquired  under  and  by  virtue  of  this  act  shall  be  vested  in  such 
commissioners  and  their  successors,  in  trust,  for  the  purix>se  of 
a  public  park,  and  said  park  shall  be  known  as  Dudley  Park. 

§  3.  After  said  lands  shall  have  been  acquired  as  aforesaid  and 
for  the  purposes  of  paying  the  price  of  purchasing  and  acquiring 
said  real  estate,  and  the  costs  and  expenses  of  the  proceedings 
to  acquire  the  same,  which  shall  not  exceed  in  the  aggregate 
the  sum  of  one  hundred  thousand  dollars,  it  shall  be  the  duty 
of  the  Board  of  Finance  of  the  city  of  Albany  to  borrow  on  the 
faitli  and  credit  of  the  city  of  Albany  sucli  sums  as  shall  be 
required  to  pay  tlie  expenditures  authorized  under  this  act,  and 
to  issue  registered  bonds  of  said  city  therefor,  which  bonds  shall 
be  signed  by  the  said  Mayor  and  Chamberlain,  and  shall  be  made 
payable,  both  principal  and  interest,  at  the  oflice  of  the  Chamber- 
lain in  the  city  of  Albany,  the  principal  thereof  in  forty  annual 
payments,  following  the  first  issue  thereof,  as  nearly  equal  in 
amount  as  possible;  they  shall  bear  interest  at  a  rate  to  be  fixed 
by  the  Board  of  Finance  of  the  said  city,  not  to  exceed,  however, 
five  per  centum  per  annum,  payable  semi-annually,  and  as  fast  as 
the  money  shall  be  required  by  said  commissioners,  they  shall  be 
negotiated  bj'  said  Board  of  Finance,  as  hereinafter  provided, 
and  the  money  received  therefrom  shall  be  deposited  with  the 


City  of  Albany.  453 

Chamberlain  of  said  city,  who  shall  keep  a  separate  account 
thereof,  and  shall  pay  therefrom,  upon  the  order  of  said  board, 
their  successors  or  successor,  sucli  sum  as  shall  be  required  for 
the  expenditures  authorized  by  this  act.  The  negotiation  of  such 
bonds  shall  be  by  selling  the  same,  by  the  said  Chamberlain,  to 
tlie  highest  bidder,  at  public  auction,  at  not  less  than  par,  giving 
at  least  ten  days'  previous  notice  of  the  time  and  place  of  sale, 
by  publication  in  the  city  papers  designated  for  the  publication 
of  the  city  proceedings.  When  such  lands  shall  have  been 
acquired  as  aforesaid,  the  Chamberlain  of  the  city  of  Albany  is 
hereby  authorized  to  make  advances  for  the  necessary  expend- 
itures by  the  said  commissioners,  upon  their  order  or  draft,  from 
any  funds  in  his  possession,  prior  to  the  issuing  of  the  bonds 
herein  authorized,  and  to  be  reimbursed  from  the  proceeds  of 
subsequent  sale  of  any  of  said  city  bonds.  It  shall  be  the  duty 
of  the  Common  Council  of  said  city  to  cause  to  be  raised  yearly, 
by  taxation,  upon  the  taxable  property  in  said  city,  in  the  same 
manner  as  the  other  general  taxes  are  levied,  a  sum  sufficient 
to  pay  the  interest  upon  said  bonds,  when  and  as  the  same  shall 
become  due  and  payable,  and,  from  time  to  time,  in  like  manner, 
to  raise  the  money  necessary  to  pay  the  principal  of  said  bonds 
as  they  shall  fall  due.  Any  balance  remaining  in  the  liands  of 
the  said  commissioners  out  of  said  fund,  after  paying  for  said 
lands  and  the  expense  of  acquiring  the  same,  or  so  much  thereof 
as  shall  be  necessary,  shall  be  used  and  expended  by  said  com- 
missioners in  the  completion  and  improvement  of  said  park. 
§  4.  This  act  shall  take  effect  immediately. 


CHAPTER  781. 

An  Act  to  enal)le  the  city  of  Albany  to  raise  money  for  the  grad- 
ing and  improvement  of  Beaver  Park. 

Accepted   by   the    city. 

Became  a  law  May  27,  1895,  with  the  approval  of  the  Governor. 
Passed,  three-fifths  being  present. 

The  People  of  tlie  State  of  New  York,  represented  in  Senate  and 
Assembly,  do  enact  as  follows  : 

Section  1.  It  shall  be  the  duty  of  the  Board  of  Finance  of  the 
city  of  Albany  to  borrow  on  the  faith  and  credit  of  the  said  city 
of  Albany  the  sum    of    eighty    thousand    dollars,    and  to  issue 


454  Laws  Relating  to  the 

registered  bonds  of  said  city  tlierefor,  wliieli  bonds  shall  be 
signed  by  the  said  Mayor  and  Chamberlain,  and  shall  be  made 
payable  both  principal  and  interest  at  the  office  of  the  Chamber- 
lain in  the  city  of  Albany,  the  principal  thereof  in  twenty  annual 
payments  following  the  first  issue  thereof  as  nearly  e(iual  in 
amount  as  possible;  they  shall  bear  interest  at  the  rate  to  be 
fixed  by  the  Board  of  Finance  of  said  city,  not  to  exceed,  how- 
ever, five  per  centum  per  annum,  payat)le  semi-annually,  and  as 
fast  as  the  money  shall  be  reciuired  by  the  Board  of  Commis- 
sioners of  Washington  Tark  they  shall  be  negotiated  by  said 
Board  of  Finance  as  hereafter  provided,  and  the  money  received 
therefrom  shall  be  deposited  with  the  Chamberlain  of  said  city, 
wlio  shall  keep  a  separate  account  thereof  and  shall  pay  there- 
from, upon  the  order  of  said  board,  their  successors  or  successor, 
such  sums  as  shall  be  required  for  the  expenditures  authorized 
by  this  act.  The  negotiations  of  such  bonds  shall  be  by  selling 
the  same  by  the  City  Chamberlain  to  the  highest  bidder  at  public 
auction  at  not  less  than  par,  giving  at  least  ten  days'  previous 
notice  of  the  time  and  place  of  sale  by  publication  in  the  city 
papers  designated  for  the  publication  of  the  city  proceedings. 
The  Chamberlain  of  the  city  of  Albany  is  hereby  authorized 
to  make  advances  for  the  necessary  expenditures  by  the  said 
conmiissioners,  upon  their  order  or  draft,  from  any  funds  in  his 
possession  prior  to  the  issuing  of  the  bonds  herein  authorized, 
and  to  be  reimbursed  from  the  proceeds  of  subsequent  sale  of 
any  of  said  city  bonds.  It  shall  be  the  duty  of  the  Common 
Council  of  said  city  to  cause  to  be  raised  yearly,  by  tax  upon  the 
taxable  property  in  said  city  in  the  same  manner  as  the  other 
general  taxes  are  levied,  a  sum  sufficient  to  pay  the  interest  upon 
said  bonds,  when  and  as  the  same  shall  become  due  and  payable, 
and  from  time  to  time  in  like  manner  to  raise  the  money  neces- 
sary to  pay  the  principal  of  said  bonds  as  they  shall  fall  due. 

§  2.  The  moneys  realized  from  the  selling  of  the  bonds  pro- 
vided in  section  one  of  this  act  shall  be  used  and  expended  by 
said  commissioners  in  the  grading,  forming  and  improvement  of 
Beaver  Park,  in  the  city  of  Albany. 

§  3.  This  act  shall  take  effect  immediately. 


City  of  Albany.  455 

CHAPTER  788. 

An  Act  to  enal)le  the  Board  of  Commissioners  of  the  Washington 
Tarli  of  the  city  of  Albany  to  grant  an  easement  in  or  convey 
or  lease  a  plot  of  gronnd  sutticient  and  adeciuate  in  size  from 
that  portion  of  real  estate  of  which  the  said  board  is  now  seized 
and  possessed,  known  as  "  the  alms-house  farm,"  for  the  pur- 
pose and  to  be  used  for  the  erection  thereon  of  the  Bender 
Hygienic  Laboratory. 

Accepted  by  the  city. 

Became  a  law  May  27,  1895,  with  the  approval  of  the  Governor. 
Passed  by  a   two-thirds  vote. 

Tlie  People  of  the  State  of  JVew  York,  represented  in  Senate  and 
Assembly,  do  enact  as  follows : 

Section  1.  The  Board  of  Commissioners  of  the  Washington 
Park  of  the  city  of  Albany,  are  hereby  authorized  and  empow- 
ered to  grant  an  easement  in  or  to  convey  or  lease  to  Union 
University,  or  to  other  properly  constituted  persons  or  authorities, 
a  plot  of  ground,  not  exceeding  two  hundred  feet  in  width  and 
five  hundred  feet  in  depth,  of  that  portion  of  real  estate  of  which 
the  said  Board  of  Commissioners  of  the  Washington  Park,  of 
the  city  of  Albany,  is  now  seized  and  possessed,  known  as  "  the 
alms-house  farm,"  which  plot  of  ground  shall  be  near  the  present 
site  of  tlie  Dudley  Observatory,  and  sliall  be  accurately  defined 
and  described  by  metes  and  bounds  in  the  conveyance,  lease  or 
grant  thereof,  and  which  grant,  lease  or  conveyance  thereof  shall 
be  made  subject,  however,  to  the  condition  that  there  shall  be 
erected  upon  said  land  so  granted,  leased  or  conveyed,  within 
three  years  after  the  execution  and  delivery  of  said  grant,  lease 
or  conveyance,  a  Iniildiug  which  shall  be  used,  upon  completion 
and  thereafter. continue  always  to  be  used,  as  and  for  a  chemical 
and  bacteriological  laboratory,  Avhich  shall  be  known  as  the 
Bender  Hygienic  Laljoratory,  where  there  shall  be  conducted 
bacteriological  investigations  and  other  scientific  research,  under 
penalty  of  the  forfeiture  of  said  land  to  said  city  of  Albany  or 
the  Board  of  Commissioners  of  the  Washington  Park  of  said  city, 
upon  failure  in  the  fulfillment  of  said  couditons.  The  Board  of 
Commissioners  of  the  Washington  Park  shall  nevertheless  have 
autliority,  subject  to  the  approval  of  the  trustees  in  control 
of  said  laboratory,  to  lay  out  and  maintain  said  premises  and 


456  La  ws  Relating  to  the 

grounds  as  if  the  same  were  still  a  part  of  the  lands  in  their 
possession,  for  park  purposes.  Upon  the  making  and  executing 
l>y  the  trustees  in  charge  of  the  said  laboi'atory  with  the  Board 
of  Commissioners  of  the  Wasliiugtou  Park  of  the  city  of  All^any 
of  an  agreement  to  comply  with  the  conditions  herein  imposed, 
the  said  Board  of  Commissioners  of  the  Washington  Park  of  the 
city  of  Albany  shall  execute  and  deliver  to  Union  University  or 
to  other  properly  constituted  persons  or  authorities  in  charge  of 
said  laboratory,  subject  to  the  conditions  and  provisions  men- 
tioned, a  deed,  lease  or  grant,  describing  a  plot  of  ground  situate 
near  the  present  site  of  the  Dudley  Observatory,  and  which  shall 
be  a  portion  of  the  real  estate  of  which  the  said  Board  of  Com- 
missioners of  the  Washington  Park  are  now  seized  and  possessed, 
known  as  "  the  alms-house  farm,"  the  title  of  which  is  now  vested 
in  the  said  Board  of  Commissioners  of  the  Washington  Park  of 
the  city  of  Albany. 
§  2.  This  act  slinll  take  efCect  immediately. 


City  of  Albany.  457 


Title  VIII. 

RELATING    TO    THE    CITY    COURT   AND  THE 
SPECL^L   SESSIONS. 


Note— No  attempt  has  beeu  made  to  make  a  full  com- 
Dilatiou  of  the  laws  relating  to  the  City  (formerly  Justices) 
Court,  the  Special  Sessions  or  the  Police  Court.  Many  of  the 
old  provisions  are  repealed,  either  expressly  or  by  implication, 
and  many  general  provisions  of  the  Codes  are  now  made 
applicable  to  those  courts.  Only  the  provisions  of  the  Codes 
which  specially  relate  to  these  courts  are  here  inserted. 

THE  CITY  COURT. 
(The  following  statutes  relating  to  the  Justices'  Court  of  the 
city  of  Albany  are  omitted  here,  they  having  been  in  the  main 
superseded  by  the  later  enactments,  viz.:  Chapter  47,  Laws  1821; 
chapter  347,  Laws  1844;  chapter  70,  Laws  1848,  and  chapter  184, 
Laws  of  1856.) 

Code  op  Civil  Pkoceduke. 

A  court  of  record. 

§  2.  Each  of  the  following  courts  of  the  State    is    a  court  of 
record: 
*  ********  * 

19.  The  Justices'  Court  of  the  city  of  Albany. 

Jurisdiction  preserved. 

§  4.  Each  of  those  courts  shall  continue  to  exercise  the  juris- 
diction and  powers  now  vested  in  it  by  law,  according  to  the 
course  and  practice  of  the  court,  except  as  otherwise  prescribed 
in  this  act. 


458  Laws  Bel  a  ting  to  the 

Jurisdiction  in  summary  proceedings  to  recover  land. 

§  2234.  Application  for  the  removal  of  a  person  from  real  prop- 
erty, as  prescribed  in  this  title,  may  be  made  to  the  County  Judge 
or  Si)ecial  County  Judiie  of  the  county  or  a  Justice  of  the  Peace 
of  the  city  or  town  or  the  Mayor  or  Recorder  of  the  city  wherein 
the  real  property,  or  a  portion  thereof,  is  situated.  ^Application 
may  also  be  made,  if  the  property,  or  a  portion  thereof,  be 
situated  in  the  city  of  New  York  to  a  Justice  of  the  Marine  Court 
of  that  city  or  to  the  District  Court  of  the  district  within  which 
tlie  property,  or  a  portion  thereof,  is  situated;  or  if  the  justice 
of  such  court  be  for  any  reason  disqualified,  to  the  District  Court 
of  an  adjoiuiuft-  district;  if  in  the  city  of  Brooklyn,  to  a  Police 
Justice  of  that  city;  if  in  the  city  of  Albany,  or  the  city  of  Troy, 
to  a  Justice  of  the  Justices'  Court  of  that  city;  if  in  the  city  of 
Yonkers,  to  the  City  Judge  of  that  city;  if  in  the  cities  of  Roch- 
ester or  Buffalo,  to  a  Judge  of  the  Municipal  Court  of  that  city. 
Where  the  property  is  situated  in  an  incorporated  village,  the 
boundaries  of  which  embrace  portions  of  two  or  more  towns, 
application  may  be  made  to  a  Justice  of  the  Peace  of  either  town, 
who  keeps  an  office  in  the  village. 

(AmiMuIcil  18S1  Mild  1884.) 

Service  of  complaint  with  summons. — Proceedings  thereupon. 

§  3207.  Section  three  thousand  one  hundred  and  tAventy-six 
of  this  act  applies  to  an  action  to  recover  upon  or  for  breach  of  a 
contract,  express  or  implied,  brought  in  a  District  Court  of  the 
city  of  New  Y'ork.  in  the  Justices'  Court  of  the  city  of  Albany,  or 
in  the  Justices'  Court  of  the  city  of  Troy. 

When  plaintiff  may  serve  complaint  with  summons. — Proceed- 
ings thereupon. 
S  3126.  In  an  action  brouglit  in  a  Justices'  Court  of  the  city 
of  Brooklyn,  to  recover  upon  or  for  the  lireach  of  a  contract, 
express  or  implied,  the  plaintiff  may  serve  upon  the  defendant 
witli  the  summons,  and  in  like  manner,  a  copy  of  a  written  com 
plaint,  verified  in  like  manner  as  a  verified  pleading  in  the 
Supreme  Court.  In  that  case,  unless  the  defendant,  upon  the 
return  of  the  summons;  or.  if  the  cause  has  been  adjourned  by 
the  clerk,  as  prescribed  in  subdivision  fifth  of  section  three 
thousand  one  hundred  and  twenty  of  this  act,  at  the  time 
to    Avhich    it    Avas    adjourned;    files    a    written    answer,    veri- 


City  of  Albany.  459 

fied  iu  like  niaiiuer.  deiiyin.a;  one  or  uiuiv  material  alloRatious, 
or,  generally,  each  allesatiuu  of  the  eouiplaiut,  or  setting  forth 
new  matter,  c-oustitiitiug  one  or  more  defenses  or  counter-claims, 
the  justice  must  render  judgment  in  favor  of  the  plaintiff,  for 
the  sum  claimed  in  the  complaint,  with  costs,  without  putting 
tlie  plaintiff  to  any  proof.  The  provisions  of  this  section  apply. 
whei'e  the  action  is  against  two  or  more  defendants  jointly 
indebted,  and  the  summons  and  a  copy  of  the  complaint  are 
served  upon  one  or  more,  but  not  upon  all  of  them;  in  which 
case,  judgment  may  be  taken,  as  prescribed  in  this  section, 
against  all  the  defendants,  in  like  manner  and  with  like  effect,  as 
a  judgment  taken  as  prescribed  in  section  three  thousand  and 
twtnity  of  tliis  act. 

Id. ;  and  proof  of  service. 

§  3028.  In  an  action  broiight  in  either  of  those  courts,  the  sum- 
mons, and,  in  a  proper  case,  a  copy  of  the  complaint,  may  be 
sei"ved  by  any  person  not  a  party  to  the  action;  except  that, 
where  the  action  is  brought  in  a  District  Court  of  the  city  of 
New  York,  a  person,  other  than  a  constable  or  a  marshal,  serving 
the  same,  must  l»e  first  empowered  to  do  so,  either  by  the  justice, 
or  l)y  the  attorney  to  the  corporation,  as  now  pivscribed  by  laAV. 
I'roof  of  service  thereof,  by  such  a  person,  must  be  made  by  his 
affidavit;  Avhich  must  state  the  particular  place,  time,  and  man- 
ner of  service,  and  that  the  affiant  knew  the  person  so  served,  to 
be  the  person  mentioned  and  described  in  the  summons,  as 
defendant  therein. 

Action  to  be  commenced  by  service  of  summons. 

§  3209.  An  action,  brought  in  either  of  those  courts,  at  anj-  time 
after  this  chapter  takes  effect,  must  be  commenced  by  the  volun- 
tary appearance  of,  and  joinder  of  issue  by.  the  parties,  or  by 
the  sei'vice  of  a  summons. 

Order     of     arrest. — Warrant     of     attachment. — Requisition     to 
replevy. 

§  3210.  Article  third,  fourth  and  fifth  of  title  seoojij  of  chapter 
nineteenth  of  this  act  apply  to  an  action  bi'ought  in  either  of 
those  courts,  except  as  otherwise  prescribed  in  the  next  section. 
And  except,  also  that  where  the  warrant  of  attachment,  or 
requisition  to  replevy,  is  issued  out  of  a  District  Court  of  the 


460  Laws  Relating  to  the 

city  of  New  York,  against  a  non-resident  defendant,  the  said 
warrant,  or  requisition,  must  require  tlie  marshal  to  attach  or 
replevy  the  property,  on  or  before  a  day  therein  specified,  which 
must  be  not  less  than  two  nor  more  tlmn  four  days  before  the 
return  day  of  the  summons. 

(Amciuled  1884.) 

The  last  section  qualified. 

§  3211.  The  provisions  of  the  last  section  are  subject  to  the  fol- 
lowing qualifications: 

1.  Nothing  contained  in  either  of  the  articles,  so  made 
applicable,  applies  to  an  order  of  arrest,  in  an  action  brought 
in  a  District  Court  of  the  city  of  New  York,  or  affects  any  pro- 
vision of  this  title,  relating  to  the  jurisdiction  of  either  of  the 
courts  specified  in  this  title. 

2.  An  order  of  arrest,  in  an  action  brought  in  the  Justices' 
Court  of  Albany,  or  the  Justices'  Court  of  Troy,  or  a  warrant  of 
attachment,  or  a  requisition  to  replevy,  in  either  of  those  courts, 
or  in  a  District  Court  of  the  city  of  New  York,  must  be  granted 
by,  and  directed  to,  and  executed  by,  the  officer  empowered,  by 
the  statutes  remaining  in  force  after  this  chapter  takes  effect,  to 
grant  or  execute,  as  the  case  requires,  in  the  same  court,  a  war- 
rant to  arrest,  a  warrant  of  attachment,  or  a  requisition  in  an 
action  to  recover  a  chattel. 

3.  The  manner  of  applying  for,  granting,  and  executing  an 
order  of  arrest,  a  warrant  of  attachment,  or  a  requisition  to 
replevy,  and  the  proceedings  thereupon,  and  with  respect  thereto, 
as  prescribed  in  the  articles  so  made  applicable,  are  subject  to 
the  statutes,  remaining  unrepealed  after  this  chapter  takes  effect, 
specially  applicable  to  those  courts,  or  to  either  or  any  of  them, 
prescribing  the  duties  of  the  justices,  or  of  the  clerks  thereof, 
or  regulating  the  mode  of  transacting  business  in  an  action 
brought  therein. 

Proceedings  where  title  to  real  property  is  in  question. 

§  3212.  Sections  two  thousand  nine  hundred  and  fifty-one  to  two 
thousand  nine  hundred  and  fifty-eight  of  this  act,  both  inclusive, 
apply  to  an  action  brought  in  either  of  those  courts. 

Appeals. 

§  3213.  An  appeal  from  a  judgment  rendered  in  the  Justices' 
Court  of  the  city  of  Albany,  or  the  Justices'  Court  of  the  city  of 


GiTT  OF  A  LB  A  1ST.  461 

Troy,  may  be  taken  iu  a  case  where  au  appeal  may  be  taken  to 
a  County  Court  from  a  judgment  rendered  by  a  Justice  of  the 
Peace  as  prescribed  by  title  eight  of  that  chapter,  and  in  no  other 
case.  Such  an  appeal  must  be  taken  to  the  County  Court  of 
the  county  wherein  the  court  is  located. 

(Aiiifiiilcd  1883.) 
Effect  of  this  act  upon  jurisdiction  and  proceedings. 

§  3214.  Except  as  otherwise  specially  prescribed  iu  this  title,  this 
act,  does  not  affect  any  statutory  provision  remaining  unrepealed 
after  this  chapter  takes  effect,  relating  to  the  jurisdiction  and 
powers  of  either  of  those  courts;  the  appointment,  qualification, 
tenure  of  ottice,  powers,  or  duties  of  the  justices,  or  of  the  clerk, 
or  any  other  officer  thereof;  or  the  proceedings  therein;  except 
that  a  provision  of  this  or  any  other  statute  whereby  a  proceeding 
in  an  action  brought  in  either  of  those  courts,  or  a  special  pro- 
ceeding, brought  therein,  or  before  a  justice  thereof,  is  assimi- 
lated, either  expressly,  or  by  reference  to  another  provision  of 
law,  to  a  proceeding,  in  an  action  or  a  special  proceeding  before 
a  Justice  of  the  Peace,  is  deemed  to  refer  to  the  corresponding 
proceeding,  as  prescribed  in  chapter  nineteenth  of  this  act. 

Jurisdiction  in  civil  actions. 

§  3223.  The  Justices'  Court  of  the  city  of  Albany,  and  the  Jus- 
tices' Court  of  the  city  of  Troy,  have  jurisdiction  each  within 
the  city  where  the  court  is  located,  of  an  action,  of  which  a 
Justice  of  the  Peace  has  jurisdiction,  as  prescribed  in 
sections  one  thousand  seven  hundred  and  thirty-seven,  two 
thousand  eight  hundred  and  sixty-one,  two  thousand  eight 
hundred  and  sixty-two  and  two  thousand  eight  hundred  and 
sixty-three  of  this  act;  and  also  of  an  action  to  recover  a 
penalty,  given  by  the  charter,  or  a  by-law  or  an  ordinance 
of  the  Common  Council  of  that  city,  where  the  plaintiflE  demands 
judgment  for  a  sum,  not  exceeding  two  hundred  dollars.  Neither 
of  those  courts  has  jurisdiction  of  any  other  civil  action;  but 
this  section  does  not  affect  the  jurisdiction  conferred,  by  the 
statutory  provisions  remaining  in  force  after  this  chapter  takes 
effect,  upon  either  of  those  courts,  in  a  special  proceeding. 

Id. — Upon  judgment  by  confession. 

§  3224.  The  jurisdiction  of  each  of  those  courts  extends  also  to 
the  taking  and  entry  of  a  judgment,  upon  the  confession  of  a 


462  Laws  Relating  to  the 

clefendant,  as  prescribed  iii  title  sixth  of  chapter  uiueteeutli  of 
this  act,  where  the  sum  confessed  does  uot  exceed  Ave  hundred 
dollars. 

Docketing  judgments. — Execution  thereupon. 

§  3225.  The  provisions  of  sections  tliree  tliousaud  and  seventeen 
to  three  thousand  and  twenty-two  of  tliis  act,  both  inclusive, 
apply  to  a  judgment  rendered  in  eitlier  of  those  courts, 
and  to  the  proceedings  subsequent  thereto,  and  in  the  action 
wherein  the  judgment  was  rendered;  except  that  the  transcript, 
filed  in  the  clerk's  office  of  the  county  wherein  tlie  court  is 
located,  must  be  furnished  l)y  the  clerk  of  the  court,  in  which  the 
judgment  was  rendered. 

1 

CHAPTER  438  OF  THE  LAWS  OF  1881. 
An  Act  in  relation  to  the  Justices'  Court  of  the  city  of  Albany, 
abolishing  the  fees  thereof,  establishing  the  fees  of  attorneys 
therein,  increasing  the  jurisdiction  thereof,  and  having  refer- 
ence to  the  manner  of  procedure  therein. 

Passed  May  31,  1881;    three-fifths  being  present. 

The  People  of  the  State  of  New  York,  represented  in  Senate  and  Assem- 
bly, do  enact  as  follows  : 
Justices  not  to  receive  fees  except  in  summary  proceedings. 

Section  1.  The  Justices'  Court  of  the  city  of  Albany  shall  not, 
nor  shall  the  justices  of  said  court,  take  or  be  allowed  any  costs 
or  fees  for  services  rendered  by  said  court,  of  said  justices,  or 
either  of  them,  in  any  civil  action,  or  in  any  proceedings  for 
naturalization;  but  either  of  said  justices  shall  be  entitled  to 
receive  such  fees  in  summary  proceedings  to  recover  the  pos- 
session of  real  property  as  are  now  allowed  by  law  to  Justices  of 
the  Peace  for  like  services. 

Allowances  to  prevailing  party. 

§  2.  In  all  civil  actions  in  which  an  issue  of  fact  shall  be  tried 
in  said  court,  there  shall  be  allowed  to  the  prevailing  party  and 
be  included  in  the  judgment  by  way  of  indemnity  for  his 
expenses,  an  attorney's  fee,  as  follows:  When  the  amount 
involved  shall  be  one  hundred  dollars  or  more,  ten  dollars;  when 
sixty  dollars  and  less   than   one   hundred,   seven  dollars;  when 


City  of  Albany.  463 

thirty  dollars  and  loss  tliau  sixty,  tive  dollars;  wheu  ten  dollars 
and  less  than  thirty,  two  dollars  and  fifty  cents;  when  less  than 
ten  dollars  ten  per  centum  upon  the  amount  involved.  When  the 
plaintiff  shall  recover  judgment,  the  amount  of  such  .ludgmeut 
shall,  for  the  purposes  of  this  section,  be  deemed  the  amount 
involved;  wheu  judgment  shall  l)e  rendered  in  favor  of  the 
defendant,  the  sum  claimed  iu  the  complaint  shall  be  deemed  the 
amount  involved.  When  the  plaintiff  shall  recover  judgment 
upon  the  failure  of  the  defendant  to  answer,  he  shall  recover 
one-half  the  attorney's  fee  to  which  he  would  be  entitled  upon 
the  recovery  of  a  judgment  for  the  same  amount  after  trial  of  an 
issue  of  fact. 

When  eligible  to  the  office  of  justice. 

§  3.  No  person  shall  be  eligible  to  the  office  of  justice  of  the 
said  court,  unless  he  shall  be  a  resident  elector  of  the  city  of 
Albany,  and  unless  he  shall  have  been  regularly  admitted  to 
practice  as  an  attorney  at  law  in  the  Supreme  Court  of  this 
State,  at  least  three  years  previous  to  his  election. 

Jurisdiction. 

S  4.  Tlie  damages  claimed,  or  the  sum  souglit  to  be  recovered 
in  any  action  or  civil  proceeding  of  which  said  court  now  has 
cognizance,  shall  not  exceed  three  hundred  dollars,  but  may  equal 
that  amount,  and  the  said  court  is  hereby  expressly  given  juris- 
diction in  all  such  actions  to  that  extent.  Such  court  is  also 
hereby  expressly  given  jurisdiction  in  an  action  to  recover  one 
or  more  chattels,  witli  or  without  damages  for  tlie  taking,  with- 
holding or  detention  thereof,  when  the  value  of  the  chattel,  or  of 
all  the  chattels,  as  stated  in  the  affidavit  made  on  the  part  of 
the  plaintiff,  does  not  exceed  the  sum  of  three  hundred  dollars; 
and  also  when,  in  a  matter  of  account,  the  sum  total  of  both 
parties,  proved  to  the  satisfaction  of  the  court,  does  not  exceed 
the  sum  of  six  hundred  dollars. 

Opening  of  defaults. — Stay  of  proceedings. 

§  5.  Except  as  herein  otherwise  provided,  the  said  covirt  shall 
have  the  power  to  open  defaults  an^  set  aside  judgments  rend- 
ered and  entered  therein,  and  execiitions  issued  thereon,  upon 
such  terms  as  may  be  just,  in  a  case  where  the  defendant  shall 
fail  to  appear    on    the    return    day    of    the    process,  or  on  any 


464  Laws  Relating  to  the 

adjourned  day,  when  it  is  shown  that  manifest  injustice  has  been 
done,  and  the  defendant  satisfactorily  excuses  his  default;  but 
no  greater  terms  shall  be  imposed  than  the  payment  of  the  costs 
and  attorney's  fee  included  in  the  judgment  and  the  sum  of  three 
dollars  for  opposing  the  motion.  The  application,  therefore,  shall 
be  founded  upon  affidavits,  and  shall  be  made  within  twenty  days 
from  the  entry  of  such  judgment.  Upon  presentation  of  such 
application  the  said  court  shall  issue  an  order,  returnable  in  not 
less  than  five  nor  more  than  eight  days,  requiring  the  plaintiff 
to  show  cause,  if  any,  why  the  said  judgment  should  not  be  set 
aside.  A  copy  of  said  order  and  of  the  papers  upon  which  the 
same  is  granted  shall  be  served  upon  the  plaintiff  or  his  attorney, 
if  one  shall  have  appeared  in  the  action,  not  less  than  three  days 
prior  to  the  return  thereof.  Pending  such  application  and  the 
determination  thereof  the  said  court  may  stay  proceedings  under 
any  execution  which  shall  have  been  issued.  When  a  judgment 
shall  be  set  aside  the  action  shall  proceed  as  though  no  judgment 
had  been  rendered.  In  such  a  case  where  an  execution  has  been 
issued  and  a  levy  made  thereunder,  the  same  may,  in  the  dis- 
cretion of  the  court,  be  allowed  to  stand  as  a  security  for  the 
satisfaction  of  any  judgment  the  plaintiff  may  finally  recover. 
The  filing  of  a  transcript  of  a  judgment  in  the  County  Clerk's 
office  shall  not  prevent  said  court  from  exercising  the  powers 
conferred  by  this  section.  If  after  such  filing,  any  default  shall 
be  opened,  a  certified  copy  of  the  order  shall  be  filed  in  said 
clerk's  office,  and  shall  affect  the  judgment  and  filing  of  the 
transcript  thereof  to  the  extent  and  in  the  manner  provided  in 
and  by  said  order,  and  the  County  Clerk  shall  note  the  filing 
of  such  order  in  the  margin  of  the  entry  of  such  judgment  in  the 
judgment  book. 

Practice. 

§  6.  The  Provisions  of  the  Code  of  Civil  Procedure  relating  to 
practice  in  Courts  of  Justices  of  the  Peace  shall  govern  the 
practice  and  proceedings  in  the  said  court,  except  as  such  pro- 
visions may  be  hereby,  or  may  have  been  heretofore,  modified 
by  previous  acts  in  relation  to  the  Justices'  Court  of  the  city 
of  Albany;  and  the  fees  of  jurors,  constables  and  witnesses  in 
all  actions  and  proceedings  in  said  court  shall  be  the  same  as 
provided  by  the  said  Code  of  Civil  Procedure  for  Courts  of 
Justices  of  the  Peace. 


City  of  Albany.  465 

Testimony  of  witnesses  may  be  taken  conditionally. 

§  7.  Whenever  any  action  pending  in  said  court  shall  have  been 
commenced  by  the  actual  service  of  process,  or  where  the 
defendant  shall  have  appeared  in  the  action,  either  party  may 
have  the  testimony  of  any  witness  who  is  about  to  leave  the 
county  of  Albany,  or  any  county  adjoining  the  said  county 
of  Albany,  and  will  probably  continue  absent  when  the  testimony 
is  required,  taken  conditionally,  to  be  used  on  the  trial  of  such 
action,  to  be  taken  in  tlie  manner  provided  for  in  an  action  pend- 
ing in  the  Supreme  Coui't. 

Upon  trial  by  the  court,  when  judgment  to  be  rendered. 

§  8.  Upon  the  trial  of  all  civil  actions,  if  a  jury  trial  be  not 
demanded  as  by  law  required,  the  court  must  hear  the  evidence 
and  decide  all  (luestious  of  law  and  fact,  and  render  judgment 
accordingly,  within  eight  days  from  the  time  the  same  is 
submitted  to  it  for  tliat  purpose,  except  where  the  defendant  is 
under  arrest  and  has  not  given  security  for  his  appearance;  in 
such  cases  the  court  shall  render  its  judgment  within  twenty- 
four  hours  after  the  close  of  the  trial.  All  issues  of  law  shall 
be  heard  and  decided  by  the  court  without  a  jury. 

§  9.  All  acts  and  parts  of  acts  inconsistent  with  the  provisions 
hereof  are  hereby  repealed. 

§  10.  This  act  shall  take  effect  immediately. 


CHAPTER  122  OP  THE  LAWS  OF  1884. 

An  Act  to  change  the  name  of  the  Justices'  Court  of  the  city  of 
Albany  to  the  "City  Court  of  Alliany,"  to  presciibe  the  manner 
of  the  appointment  of  the  clerk  thereof,  and  of  marshals  and 
attendants  upon  said  court,  to  increase  the  jurisdiction  thereof, 
to  abolish  the  office  of  constable  in  the  city  of  Albany  and  to 
amend  the  charter  of  said  city. 

Passed  April  10,  18S4;    three-fifths  being  present. 

I'he  People  of  the  State  of  New  York,  represented  in  Senate  and  Ansem- 
bly,  do  enact  as  foUoxrs : 

Name  changed. 

Section  1.  The  Justices'  Court  of  the  city  of  Albany  shall,  on 
and  after  the  first  Tuesday  of  May,  eighteen  hundred  and  eighty- 

30 


4()6  Laws  Relating  to  the 

four,  be  known  and  designated  as  the  "City  Court  of  Albany," 
and  the  justices  of  said  Justices'  Court  are  continued  in  otfice  for 
the  balance  of  the  term  for  which  they  have  been  elected;  and 
shall  on  and  after  said  first  Tuesday  of  May,  eighteen  hundred 
and  eighty-four,  be  linown  as  the  "Justices  of  the  City  Court  of 
Albany,"  and  the  clerk  of  said  court  shall,  in  like  manner,  be 
known  as  the  "Clerk  of  the  City  Court  of  Albany." 

Actions,  etc.,  continued. 

§  2.  All  actions  and  proceedings  pending  in  said  Justices'  Court 
of  the  city  of  Albany  on  the  fifth  day  of  May,  eighteen  hundred 
and  eighty-four,  shall  without  any  order  to  that  effect  be  con- 
tinued under  the  title  of  said  court,  as  amended  and  changed  by 
this  act,  and  the  seal  of  said  court  shall  be  made  to  conform 
thereto. 

Transcripts,  etc.,  how  to  be  certified. 

§  3.  All  transcripts  of  judgments  recovered,  papers  used  or  pro- 
ceedings had  in  said  Justices'  Court  in  the  city  of  Albany  on 
and  pi'ior  to  said  fifth  day  of  May,  eighteen  hundred  and  eighty- 
four,  shall  be  certified  by  said  clerk  of  said  City  Court  in  the 
same  manner  as  if  this  act  had  not  been  passed,  but  all  sub- 
sequent proceedings  in  said  court  had  upon  said  judgments  shall 
be  prosecuted  under  the  title  of  the  "City  Court  of  Albany;"  but 
the  fact  that  the  judgment  was  recovered  in  the  said  tribunal 
under  the  title  of  the  Justices'  Court  of  the  city  of  Albany  may  be 
recited  therein. 

Clerk. 

§  4.  The  justice  of  said  court,  junior  in  time  of  service,  shall 
be  and  act  as  clerk  of  the  said  court,  unless  the  three  justices 
thereof  make  and  file  a  certificate  under  their  hands  designating 
and  appointing  one  of  the  said  justices,  other  than  said  junior 
justice,  to  be  and  act  as  said  clerk,  which  certificate  shall  be 
recorded  in  the  docket  room  of  said  court.  The  said  junior  jus- 
tice or  justice  so  designated  as  aforesaid  shall  be  the  clerk  of 
said  court  and  shall  have  and  possess  all  the  powers  which  the 
clerk  of  the  said  Justices'  Court  of  tlie  city  of  Albanj"  now  has 
and  possesses  by  law. 


City  of  Albany.  467 

Mayor  to  appoint  Marshals. — Term  of  office. — Official  oath  and 
bond. — Powers  and  duties. — Rules  and  regulations  prescrib- 
ing attendance,  etc. — Fees. — No  constables  to  be  elected. 
§  5.  The  Mayor  of  tlie  f-ity  of  All)any  nuist,  witliiu  fivo  days 
after  the  passage  of  this  act,  and  every  year  thereafter,  or  when- 
ever vacancies  occur  in  tlie  office  of  marshal  of  the  City  Court  of 
Albany,  herein  provided  for,  appoint  as  many  persons  as  may  be 
necessary,  not  exceeding  six,  who  are  residents  and  electors  of 
the  city  of  Albany,  marshals  of  the  City  Court  of  Albany,  who 
shall,  in  addition  to  tlieir  other  duties,  be  and  act  as  attendants 
upon  the  said  court  during  its  sessions.  The  said  marshals  so 
appointed  as  aforesaid  shall  possess  all  and  singular  the  powers 
of  constables  now  elected  in  the  several  towns  of  the  State,  and 
all  and  singular  the  powers,  duties  and  privileges  of  the  con- 
stables now  elected  in  and  for  tlie  city  of  of  Albany.  The  saia 
marshals  so  appointed  as  aforesaid  shall  liold  their  offices  for 
one  year  next  succeeding  their  appointment,  and  until  their  suc- 
cessors shall  be  appointed  and  have  qualified,  unless  sooner 
removed  or  suspended  for  cause  as  now  provided  by  law  for 
constables  elected  in  and  for  towns  and  in  and  for  the  city  of 
Albany,  and  constables  acting  as  sucli  in  the  Justices'  Court  of 
the  city  of  Albany.  Every  person  so  appointed  to  tlie  office  of  mar- 
shal shall,  before  ho  enters  upon  the  duties  of  his  office  and  within 
eight  days  after  he  shall  be  notified  of  his  appointment,  take 
and  subscribe  the  oath  of  office  provided  by  the  constitution,  and 
shall  execute  and  file  in  the  County  Clerk's  office  of  Albany 
county,  Avitli  at  least  two  sureties  to  be  approved  by  the  said 
court,  a  bond  to  the  people  of  the  State  of  New  York  in  the  penal 
sum  of  one  thousand  dollars  conditioned  for  the  faithful  dis- 
charge of  the  duties  of  marshal  of  the  City  Court  aforesaid,  in 
which  said  bond  the  said  marshal  and  his  sureties  shall  jointly 
and  severally  agree  to  pay  to  each  and  every  person  who  may  be 
entitled  thereto  all  such  sums  of  money  as  the  said  marshal  shall 
become  liable  to  pay  on  account  of  any  execution  which  shall  be 
delivered  to  him  for  collection,  and  shall  also  jointly  and  sever- 
ally agree  and  become  liable  to  pay  each  and  every  such  person 
for  any  damages  which  he  may  sustain  from  or  by  any  act  or 
thing  done  by  said  marshal,  by  virtue  of  bis  office  of  marshal. 
All  provisions  of  law  relating  to  the  powers  and  duties  of  con- 
stables elected  in  and  for  towns,  and  in  and  for  the  city  of 


468  Laws  Relating  to  the 

Albany,  sliall  be  and  are  hereby  made  to  apply  to  and  include  the 
said  marslials  of  the  City  Court  of  Albany.  The  justices  of  said 
court,  or  a  majority  of  them,  shall  have  the  power  to  make  such 
rules  and  regulations,  to  be  entered  in  full  upon  the  docket  of 
said  court,  prescribing  the  attendance  and  duties  of  said  marshals 
as  attendants  upon  the  said  coui't  as  they  deem  necessary  and 
proper,  and  a  violation  of  said  rules  and  regulations  by  said 
marshals,  or  either  of  them,  is  hereby  constituted  a  cause  for 
suspension  or  removal  from  office  as  hereinbefore  provided  for. 
The  fees  of  each  marshal  so  appointed  as  aforesaid  shall  be  and 
be  paid  the  same  as  now  provided  by  law  for  constables  rendering 
similar  services.  The  said  marshals  shall  neither  receive  or  be 
entitled  to  any  salary,  fee,  reward  or  compensation  for  services 
rendered  as  court  attendants.  Hereafter  no  constable  shall  be 
elected  in  and  for  the  city  of  Albany  or  the  wards  thereof. 

Jurisdiction. 

§  6.  The  damages  claimed,  or  the  sum  sought  to  be  recovered 
in  any  action  or  civil  proceeding  of  which  said  court  now  has 
cognizance,  shall  not  exceed  five  hundred  dollars,  but  may  equal 
that  amount,  and  the  said  court  is  hereby  expressly  given  juris- 
diction in  all  such  actions  to  that  extent.  Such  court  is  also  hereby 
expressly  given  jurisdiction  in  any  action  to  recover  one  or  more 
chattels,  with  or  without  damages  for  the  taking,  withholding 
or  detention  thereof,  when  the  value  of  the  chattel,  or  of  all  the 
chattels,  as  stated  in  the  affidavit  made  on  the  part  of  the 
plaintiff,  does  not  exceed  the  sum  of  five  hundred  dollars,  and 
also,  when  in  a  matter  of  account  the  sum  total  of  both  parties, 
proved  to  the  satisfaction  of  tlie  court,  does  not  exceed  the  sum 
of  one  thousand  dollars. 

Existing  laws  continued  in  force. 

§  7.  Except  as  hereinbefore  provided  all  laws  now  in  force  relat- 
ing to  said  Justices'  Court  of  the  city  of  Albany,  the  justices,  clerk 
and  constables  thereof,  shall  continue  in  force  and  effect  and 
shall  apply  to  the  said  City  Court  of  Albany. 

Inconsistent  acts  repealed. 

§  8.  All  acts  and  parts  of  acts  inconsistent  with  this  act,  and 
all  provisions  of  the  charter  of  the  city  of  Albany  in  relation  to 
the  election  of  constables  in  said  city  inconsistent  with  this  act, 
are  hereby  repealed. 

§  9.  This  act  shall  take  effect  immediately. 


City  of  Albany.  469 

THE  SPECIAL   SESSIONS. 
(See,  iu  addition  to  the  Uxavs  here  inserted,  chapter  150,  Laws 
1849,  and  cliapter  284,  Laws  1872.) 

Code  of  Ciuminal   Pkoceduke. 
CHAPTER  3. 
Jurisdiction. 

§  68.  The  Court  of  Special  Sessions  iu  the  city  of  Albany  has 
jurdiction; 

1.  To  try  and  determine  all  cases  of  petit  larceny  charged  as 
a  first  offense,  and  all  misdemeanors,  not  being  infamous  crimes, 
committed  within  the  city; 

2.  To  take  recognizances  to  appear  before  the  court  at  a  suc- 
ceeding term  from  persons  charged  with  a  crime  or  misdemeanor 
triable  therein; 

3.  To  impose  or  enforce  sentence  of  fine  or  imprisonment,  or 
both,  in  the  discretion  of  the  court,  in  all  cases  within  its  juris- 
diction, upon  conviction  to  the  same  extent  as  the  Court  of  Ses- 
sions of  the  county  of  Albany  could  do  in  lilie  cases; 

4.  To  punish  a  contempt  of  court  in  the  same  manner  and  to 
the  same  extent  as  the  Court  of  Oyer  and  Terminer  of  the  county 
could  do  in  like  cases; 

5.  In  cases  where  a  jury  trial  is  demanded  by  a  defendant,  to 
draw  from  the  jury  box  containing  the  names  of  jurors  who 
reside  in  the  city  of  Albany,  such  number  of  names  as  the 
Recorder  or  County  Judge  may  direct,  and  to  require  the  Sheriff 
of  the  county  to  summon  the  persons,  so  drawn,  to  appear  at 
the  time  designated  for  trial,  to  impanel  a  jury  of  twelve  men, 
to  require  the  attendance  of  additional  jurors  and  to  punish  a 
juror  or  witness  neglecting  to  appear  in  the  same  manner  and 
to  the  same  extent  as  the  Court  of  Oyer  and  Terminer  of  the 
county  could  do  in  like  cases; 

6.  On  motion  of  the  District  Attorney,  to  issue  a  warrant,  for 
the  arrest  of  a  person  who  neglects  to  appear  agreeably  to  the 
requirements  of  a  recognizance  to  appear  thereat,  commanding 
the  officer  executing  the  same  to  bring  the  party  forthwith  before 
the  court,  if  in  session,  otherwise  to  commit  him  to  the  common 
jail  of  the  county,  there  to  remain  until  delivered  by  due  course 
of  law. 


470  Laws  Relating  to  tbs 

Recognizances  returnable,  where. 

§  69.  Upon  chargos  for  offenses  triable  by  this  court,  the  police 
magistrate  or  any  other  magistrate  in  the  city,  hearing  the  same, 
sliall,  if  offered,  take  recognizances  in  the  cases  provided  by  law 
returnable  at  the  Court  of  Special  Sessions;  and  all  sueli  recog- 
nizances as  shall  have  been  so  taken  shall  be  returned  to  and 
filed  with  the  District  Attorney  of  the  county  of  Albany.  If  no 
such  recognizance  be  offered,  the  magistrate  or  magistrates  shall 
commit  the  defendant  to  the  common  jail  of  tlie  county  of  All)any 
until  lie  shall  tlience  be  delivered  in  due  course  of  law.  and  tlie 
trial  of  sucli  person  sliall  be  liad  liefore  the  Court  of  Special  Ses- 
sions, except  tliat  wliere  a  Police  Justice  or  otlier  magistrate,  in 
tliis  city,  has  jurisdiction,  tlie  defendant  may  elect  to  lie  tried 
l)efore  such  Police  Justice  or  otlier  magistrate. 

When  person  held  to  trial. 

§  70.  Whenever  a  person  is  brouglit  before  a  Police  Justice  or 
other  magistrate  of  the  city,  charged  with  any  of  the  following 
crimes,  viz.:  Petit  larceny  cliarged  as  a  first  offense,  offenses 
against  the  laws  relating  to  excise  and  the  regulation  of  taverns, 
inns  and  liotels.  offenses  being  misdemeanors  against  the  laws 
relating  to  gaming,  assaults  upon  and  interference  with  a  public 
officer  in  the  discharge  of  his  duty,  and  it  shall  appear  to  the 
magistrate  tliat  the  crime  has  been  committed,  and  that  there 
is  sufficient  cause  to  believe  the  defendant  guilty  thereof,  the 
magistrate  must  order  him  to  be  lield  to  answer  the  charge  before 
the  Court  of  Special  Sessions. 

Officers  to  attend. 

§  71.  The  Court  of  Special  Sessions  in  the  city  of  Albany,  must 
be  held  by  the  Recorder  of  the  city,  with  or  without  one  or  more 
of  the  .Justices  of  the  Peace  to  be  associated  wuth  him.  In  case 
of  the  absence  or  inability  of  the  Recorder  to  act,  the  County 
Judge  of  the  county  of  Albany,  must  act  in  his  place.  If  tlie 
Recorder  and  County  Judge  are  both  unalile,  by  reason  of 
absence  or  other  cause,  to  hold  the  court,  the  clerk  must  adjourn 
the  court,  to  the  next  following  Tuesday,  and  continue  such 
adjournments  until  the  Recorder  or  County  Judge  attends.  Not 
more  than  two  officers  shall  be  designated  or  appointed  by  the 
Slieriff  or  otlier  autliority  to  attend  the  Court  of  Special  Sessions 


City  of  Albany.  471 

of  the  city  of  Albany,  unless  the  court  shall  by  au  order  entered 
in  its  minutes,  reiiuire  the  attendance  of  a  greater  number. 

Clerk. 

§  72.  The  County  Clerk  of  Albany  county  is  Clerk  of  the  Court 
of  Special  Sessions  of  the  city  of  Alljauy,  and  must  attend  the 
same  in  person  or  ))y  deputy. 

Court,  when  and  where  held. 

§  73.  The  Court  of  Special  Sessions  of  the  city  of  Alliany  must 
be  held  at  the  City  Hall  in  the  city  of  Albany,  on  Tuesday  of 
each  week  and  may  be  held  and  continued  for  sucli  lengtli  of  time 
as  it  deems  jiroper. 


CHAPTER  766. 

An  Act  in  relation  to  the  City  Court  of  All)any.  and  fixiug  the 

terms  of  tlie  justices  thereof. 

Accepted   by    the    city. 

Became  a  law  May  27,  1895,  with  the  approval  of  the  Governor. 
Passed,    three-fifths  being  present. 

Tlie  People  of  the  State  of  New  York,  represented  in  Senate  and 
Assembly,  do  enact  as  follows  : 

Section  1.  At  the  election  in  the  city  of  Albany,  to  be  held  on 
the  Tuesday  succeedin^r  the  tirst  Monday  in  November,  eighteen 
hundred  and  ninety-five,  and  each  second  year  thereafter,  a  jus- 
tice of  the  City  Court  of  Albany  shall  be  elected  in  said  city,  as 
other  city  officers  are  elected,  who  shall  hold  office  for  the  term 
of  six  years,  from  and  after  the -first  day  of  January  next  suc- 
ceeding his  election;  except  that  the  justice  of  said  court  to  be 
elected  at  said  election  to  succeed  the  justice  of  the  said  court 
elected  in  said  city  on  the  second  Tuesday  of  May,  eighteen 
hundred  and  ninety-two.  shall  be  elected  for  the  tenu  of  four 
years  from  and  after  the  first  day  of  January  next  succeeding 
his  election,  and  at  the  expiration  of  said  foui"-year  term,  his 
successor  shall  be  elected  for  the  term  of  six  years. 

§  2.  All  acts  or  parts  of  acts  inconsistent  with  this  act  are 
hereby  repealed. 

§  3.     This  act  shall  take  effect  immediately. 


472  Laws  Relating  to  the 


Title    IX. 

RELATING    TO    WATER-WORKS    AND    WATER 
COMMISSIONERS. 


CHAPTER  235  OF  THE  LAWS  OF  1850. 

Au  Act  to  provide  for  a  supply  of  water  in  the  city  of  All);iiiy. 
Passed  April   9,   1850;    three-fifths  being  present. 

The   People  of  the  State   of  Neic    York,    represented  in    Senate    and 
Assembly,  do  enact  asfoUoirs  : 

Water  Coinmissioners  appointed. 

Section  1.  James  Steveusou,  Erastus  Corning,  John  Townsend, 
John  Taylor  and  Robert  E.  Temple,  are  hereby  appointed  Water 
Commissioners  of  the  city  of  Albany,  who  shall  respectively  hold 
their  offices  until  removed  by  the  Common  Council  of  the  said 
city,  as  hereinafter  provided;  and  in  ease  of  a  vacancy  in  the 
office  of  any  commissioner,  by  death,  resignation  or  removal  from 
the  said  city,  the  same  shall  be  supplied  by  a  vote  of  two-thirds 
of  the  members  elected  to  the  said  Common  Council,  and  the 
persons  so  appointed  shall  hold  their  places  by  the  same  tenure 
as  tlie  persons  herein  named;  and  vacancies  among  persons  so 
appointed  shall  be  supplied  in  the  like  manner.  Before  entering 
upon  the  duties  of  their  appointment  the  persons  herein  named, 
or  so  appointed,,  shall  take  the  oath  of  office  prescribed  by  the 
Constitution  of  this  State,  before  some  judge  of  a  court  of  record, 
or  some  member  of  the  Common  Council  of  the  said  city,  and  file 
the  same  in  the  office  of  the  Clerk  of  the  County  of  Albany. 

Duty  and  powers  of  commissioners. 

§  2.  It  shall  be  the  duty  of  tlie  said  commissioners  to  examine 
and  consider  all  matters  relative  to  supplying  the  city  of  Albany 
with  a  sufficient  quantity  of  pure  and  wholesome  water;   and  for 


City  of  Albany.  473 

that  purpose  tbey  shall  have  power  to  employ  eugiueers,  surveyors 
ami  such  other  pers(jus  as  may  be  necessary  for  said  purpose. 

Plans  to  be  adopted  and  expenses  estimated. 

§  3.  The  said  eommissiouers  shall  adopt  such  plans  as  in 
their  opinion  may  be  most  feasible  for  procuring  such  supply 
of  water,  and  which  shall  embrace  proper  distribution  pipes  and 
supiDly  for  all  streets  now  paved  in  .said  city;  and  shall  ascertain 
the  probable  amount  of  money  necessary  to  carry  the  same  into 
effect,  and  for  that  puiiiose  they  shall  bave  power  to  make  con- 
ditional contracts,  to  become  valid  when  ratified  by  the  Common 
Council  of  said  city  with  the  oAvuer  or  owners,  whether  individ- 
uals or  corporations,  of  all  lands,  tenements,  hereditaments,  rights 
or  privileges  whatsoever,  which  may  be  required  for  the  puiTose, 
and  the  like  conditional  contracts  for  the  execution  of  the  work, 
or  any  part  thereof,  or  the  supply  of  any  necessary  material. 

Plans  and  expenses  to  be  reported  to  Common  Council. 

§  4.  The  said  commissioners  shall  make  a  report  to  said  Com- 
mon Council,  containing  a  description  of  the  plan  adopted  by 
them,  their  estimate  of  the  expense  thereof,  the  probable  amount 
of  revenue  when  completed,  with  their  reason  and  calculations 
for  their  said  estimates  and  opinions,  and  also  the  conditional 
contracts  made  by  them  under  this  act. 

Loan  of  $600,000  authorized. 

^  5.  It  shall  then  be  the  duty  of  the  Common  Council,  and  they 

are  hereby  authorized  to  raise  by  loan  from  time  to  time,  a  sum 

not  exceeding  in  the  whole  six  hundred  thousand  dollars,  by  the 

creation  of  a  public  fund  or  stock,  to  be  called  "  the  water  stock 

of  the  city  of  Albany,"  which  shall  bear  an  interest  not  exceeding 

six  per  cent  per  annum,  and  be  payable  at  some  time  within 

twenty  years  from  the  time  of  issuing  any  such  stock;   and  it  shall 

be  the  duty  of  the  said  Common  Council,  when  sufficient  means, 

in  their  opinion,  can  be  provided,  as  they  may  be  needed,  to  direct 

the  prosecution  of  the  said  work.     "A  portion  of  the  said  water 

stock,  not  exceeding  one-half  thereof,  may  be  made  payable  at 

such  times,  not  exceeding  thirty  yeai-s  from  the  time  of  issuing 

the  same,  as  the  said  Common  Council  shall  direct." 

(As  amended  by  chapter  102,  Laws  of  1851.) 

Section  2.  If  it  shall  be  found  necessary  to  incur  expenses  not  now 
contemplated  in  the  execution  of  .said  act,  the  amount  of  said  water 
stock  may  be  increased,  by  the  common  council  of  the  city  of  Albany, 
not 'more   than  fifty   thousand  dollars.) 


474  Laws  Relating  to  The 

Money,  how  applied. 

§  6.  The  moneys  to  be  raised  by  virtue  of  this  act  shall  be 
applied  and  expended  to  and  for  the  pun)Ose  of  supplying  tlie 
city  of  Albany  Avitli  pure  and  wholesome  water,  according  to 
the  plan  so  adopted  and  ratitied  as  aforesaid,  with  such  altera- 
tions as  may  be  made  by  the  said  commissioners,  and  I'atified 
by  the  said  Common  Council,  and  for  no  other  purpose 
whatsoever. 

Survey  and  purchase  of  land. 

§  7.  The  said  commissioners  are  hereby  authorized  to  enter 
in  and  upon  any  land  or  water  for  the  purpose  of  makidg  sur- 
veys and  to  agree  with  the  owner  of  the  property,  real  or  per- 
sonal, which  may  be  required  for  the  purposes  of  this  act,  as 
to  the  amount  of  compensation  to  be  paid  to  such  owner. 

Proceedings  in  case  of  disagreement  as  to  value  of  land  taken. 
§  8.  In  case  of  disagreement  between  the  commissioners  and 
the  owner  of  any  property  which  may  be  required  for  said  pur- 
poses, or  affected  by  any  operation  connected  therewith,  as  to 
the  amount  of  compensation  to  be  paid  to  such  owner,  or  in 
case  any  such  owner  shall  be  an  infant,  or  married  woman  or 
insane  or  absent  from  this  State,  or  unknown,  or  the  owner  of  a 
contingent  or  uncertain  interest,  the  Supreme  Court,  at  any 
General  Term  in  the  Third  District,  shall,  upon  the  application 
of  either  party,  after  ten  days'  personal  notice,  or  where  such 
notice  cannot  be  served  within  the  State,  after  three  weeks' 
notice  of  such  application,  published  in  all  the  daily  newspapers 
of  the  city  of  Albany,  nominate  and  appoint  three  disinterested 
persons  to  examine  such  property,  who,  being  duly  sworn  faith- 
fully and  impartially  to  discharge  their  duties,  shall  estimate 
and  report  to  said  court  the  several  sums  which  will  be  a  just 
compensation  to  such  owners  respectively  for  the  appropriation 
to  the  purposes  of  this  act  of  any  property  which  may  be  so 
required,  or  for  the  temporary  use  of  any  property. 

Damages,  how  paid. 

§  9.  Whenever  such  report  shall  have  been  confirmed  by  said 
Supreme  Court  the  said  commissioners  may  deposit  or  invest, 
as  said  court  may  direct,  or  pay  to  said  owner,  or  to  such  person 
or  persons  as  the  court  may  direct,  the  sum  mentioned  in  said 


City  of  Albany.  475 

l-eporr,  in  full  coinponsation  for  the  property  so  required,  and 
tbereupou  the  said  Mayor,  Alderuieu  and  Commonalty  of  the 
city  of  Albany  shall  become  seized  in  fee  of  the  property 
so  acquired,  and  shall  be  discharged  from  all  claim  by  reason 
of  any  such  appropriation  or  use. 

Penalty  for  injuring  •water-^works. 

§  10.  If  any  person  shall  willfully  do  or  cause  to  be  done  any 
act  whereby  any  work,  materials  or  property  whatsoever,  erected 
or  used  within  the  city  of  Albany  or  elsewhere  by  the  said  Com- 
mon Council  or  by  the  said  commissioners,  or  by  any  person  act- 
ing under  their  authority,  for  the  purpose  of  procuring  or  keeping 
a  supplj'  of  water,  shall  in  any  manner  be  injured,  such  person, 
on  conviction  thereof,  shall  be  deemed  guilty  of  a  misdemeanor 
and  punished  accordingly. 

Contracts,  how  made. 

S  11.  All  contracts  for  materials  or  for  the  construction  of  the 
work  shall  be  made  in  Avriting,  and  of  each  contract  there  shall 
be  thi-ee  originals  executed  by  the  parties,  which  shall  be  num- 
bered with  the  same  number  and  indorsed  with  the  date  of  the 
contract,  the  name  of  the  contractor,  and  a  summary  of  the  work 
to  be  done  or  materials  furnished,  one  of  which  copies  shall  be 
given  to  the  contractor,  one  to  the  Chamberlain  of  said  city,  and 
one  retained  by  the  said  commissioners. 

Public  notice  of  proposals. 

§  12.  I'ublic  notice  shall  be  given  in  one  or  more  newspapers, 
as  the  said  commissioners  shall  direct,  of  the  time  and  places  at 
which  sealed  proposals  will  be  received  for  entering  into  con- 
tracts; and  all  sealed  proposals  for  contracts  shall  be  for  a  sum 
certain  as  to  the  price  to  be  paid  or  received,  and  no  proposition 
which  is  not  thus  definite  and  certain  shall  be  received  or  acted 
on,  and  no  more  than  one  proposition  shall  be  made  by  or 
received  from  any  one  person  for  the  same  contract,  and  no  pro- 
posal or  contract  shall  be  assigned  without  the  consent  of  the 
commissioners  and  the  Common  Council. 

Security  to  be  given  by  contractors. 

§  13.  Every  person  who  shall  enter  into  any  contract  for  the 
supply  of  materials  or  the  performance  of  any  work  shall  give 


476  La  ws  Rela  ting  to  tMe! 

satisfactory  security  to  the  said  commissioners  for  the  faithful 
performance  of  his  contract  according  to  its  terms. 

Duty  of  comniissioners. 

§  14.  It  sliall  be  the  duty  of  tlio  said  commissioners  to  superin- 
tend the  construction  of  tlie  Avorlv,  keep  a  record  of  their  pro- 
ceedings in  a  suitable  book,  keep  a  registry  containing  the  names 
of  all  persons  furnished  with  water,  and  they  shall  have  and 
exercise  a  general  supervisoiy  and  controlling  power  in  all 
matters  relating  to  the  preservation  and  continuance  of  the  work 
authorized  by  this  act,  and  shall  make  a  report  to  the  Common 
Council  of  their  proceedings  generally,  and  of  the  state  of  the 
matters  in  their  charge,  whenever  required  l)y  tlie  Common  Coun- 
cil so  to  do. 

Disbursements  of  money,  how  made. 

§  15.  The  Common  Council  shall  authorize  the  commissioners 
to  draw  upon  the  Chamberlain  of  the  city  for  any  sum  in  favor 
of  and  to  be  paid  to  the  owner  of  any  land,  waters,  streams  or 
property  acquired  by  virtue  of  this  act,  and  in  favor  of  or  to  be 
paid  to  any  contractor  for  any  sum  due  upon  his  contract.  Such 
drafts  shall  specify  the  objects  for  which  they  are  drawn,  as 
near  as  may  be,  and  the  Common  Council  shall  make  it  the  duty 
of  the  Chamberlain  to  pay  such  drafts,  in  every  case  where  a 
deed  or  other  voucher  is  delivered  to  him,  or  a  contract  has  been 
filed  with  him,  and  a  duplicate  receipt  of  the  contractor  for  such 
draft  shall  be  presented  therewith. 

Comm.issioners  to  report  semi-annually. 

§  16.  The  said  commissioners  shall  semi-annually,  or  at  any 
time,  if  required  by  the  Common  Council,  report  to  the  Common 
Council  a  general  exhibition  of  the  state  of  tlie  work,  including 
a  full  detail  of  the  amount  expended  in  the  progress  of  the  work, 
and  all  such  matters  in  relation  to  their  acts  in  the  premises  as 
the  said  Common  Council  shall  require;  and  the  said  commis- 
sioners, in  case  of  misconduct,  may  be  removed  by  a  vote  of  two- 
thirds  of  all  the  members  of  the  said  Common  Council. 

Streets  may  be  used. 

§  17.  The  said  commissioners,  in  behalf  of  the  said  Mayor, 
Aldermen  and  Commonalty,  and  all  persons  acting  under  their 


City  of  A  lb  Ayr.  All 

authority,  shall  have  the  right  to  use  the  yruuud  ur  soil  uikUt 
any  street,  highway  or  road  within  the  county  of  Albany,  for  the 
purpose  of  introducing  water  into  and  through  any  portion  of  the 
city  of  Albany,  on  condition  that  they  shall  cause  the  surface  of 
said  street,  highway  or  road  to  be  relaid  and  restored  to  its  usual 
state,  and  all  <lnniages  done  thereto  to  be  repaired. 

Commissioners  to  receive  no  pay. 

§  18.  The  said  commissioners  shall  not  be  entitled  to  receive 
any  compensation  for  their  sei-vices;  but  such  incidental 
expenses  as  they  may  incur  in  the  discharge  of  their  duties, 
which  the  Common  Council  shall  deem  reasonable  and  necessary 
shall  be  paid  to  them. 

Line  of  pipes,  when  extended.— By-laws  and  regulations. 

§  19.  After  the  completion  of  said  works  according  to  said  plan, 
and  when  required  by  the  Common  Council  so  to  do,  it  shall  be 
the  further  duty  of  the  said  commissioners  to  cause  the  line  of 
pipes  for  the  said  water-works  to  be  extended  through  any  of  the 
public  streets,  lanes  or  alleys  in  said  city,  and  superintend  the 
laying  down  of  the  same,  and  to  keep  a  correct  account  of  the 
expenses  therefor,  and  return  the  same  to  the  Common  Council, 
as  soon  as  the  extended  work  shall  have  been  completed,  the 
expense  of  all  which  shall  be  paid  by  the  Chamberlain  on  the 
order  of  the  said  commissioners,  out  of  the  money  collected  from 
the  water  rates;  and  the  said  commissioners  shall  make  such 
by-laws  or  regulation  for  the  preservation,  protection  and  man- 
agement of  the  said  water-works,  and  the  use  and  control  of  the 
water,  as  may  be  deemed  advisable,  and  which  when  ratified  or 
approved  by  the  Common  Council,  shall  have  the  same  force  and 
effect  as  any  law  or  ordinance  by  them  enacted,  and  the  same 
shall  not  be  altered  or  amended  by  the  said  commissioners 
without  the  approval  of  the  said  Common  Council. 

Beceipts  for  water  rents,  how  applied.— Sinking  fund.— Issue 
of  water  stock  to  meet  deficiency  in  sinking  fund. — Rate  of 
interest  and  when  payable. 
§  20.  The  entire  annual  receipts  for  water  rates,  after  deduct- 
ing therefrom  such  sums  as  may  be  necessary  to   defray  the 
ordinary  expenses  of  repair  of  said  water-works,  and  of  extend- 
ing the  same,  and  salaries  of  officers  and  agents,  shall  be  applied 


478  Laws  Relating  to  the 

toward  the  payment  of  the  interest  on  the  loan  or  loans  hereto- 
fore or  hereafter  made  for  said  works,  and  also  to  the  appropria- 
tion of  five  thousand  dollars  per  annum,  with  such  additions 
thereto,  in  each  year,  as  the  said  commissionei's  may  detenniue 
and  certify  to  the  Chamberlain  of  the  city,  to  a  sinking  fund  for 
the  payment  of  the  principal  of  the  said  loan  or  loans,  as  it  shall 
from  time  to  time  become  due  and  payable,  which  sinking  fund 
shall  be  controlled  and  managed  by  the  board  of  trustees  having 
charge  of  the  sinking  fund  for  the  payment  of  the  present  debt 
of  the  city  of  Albany,  and  in  the  same  manner  as  provided  by 
"An  act  authorizing  the  city  of  Albany  to  raise  money  by  tax, 
and  regulating  the  expenditure  thereof,  and  for  other  purposes," 
passed  March  twenty-seventh,  eighteen  hundred  and  forty-eight. 
And  in  case  said  sinking  fund  shall  prove  inadequate  in  any  year 
to  pay  the  principal  of  the  said  loan  or  loans  maturing  during 
that  year,  the  Common  Council  of  said  city  may,  in  its  discretion, 
authorize  the  issue  of  "  the  water  stock  of  the  city  of  Albany," 
to  an  amount  corresponding  with  the  deficiency  existing;  the 
stock  so  issued  to  bear  interest  not  exceeding  seven  per  cent  per 
annum,  payable  semi-annually,  and  the  principal  to  be  reimburs- 
able at  such  periods  of  time,  not  exceeding  twenty  years,  as  the 
said  Common  Council  shall  fix  and  determine. 
(As  amended  by  chapter  24,  Laws  of  1871.) 
Deficiencies. 

§  21.  In  case  the  entire  annual  receipts  for  water  rates,  after 
deducting  therefrom  such  sum  or  sums  as  may  be  necessary  to 
defray  the  ordinary  expenses  and  repairs  of  the  said  works,  and 
of  extending  the  same,  shall  not  be  sufficient  in  any  one  or  more 
years  to  pay  the  interest  on  the  said  loan  or  loans,  and  also  the 
annual  appropriation  for  tlie  sinking  fund,  as  above  provided  for, 
it  shall  be  and  is  hereby  made  the  duty  of  the  Board  of  Super- 
visors of  the  county  of  Alliany,  and  they  are  hereby  authorized 
to  cause  to  be  levied  and  collected  from  and  against  all  the 
taxable  property  within  the  lamp  and  Avatch  districts,  at  the 
same  time  and  in  the  same  manner  as  other  contingent  expenses 
of  said  city  ax'e  assessed,  levied  and  collected,  such  sum  or  sums 
of  money  as  may  be  certified  by  the  said  Common  Council  to  be 
necessary  to  make  good  such  deficiencies,  and  the  same  shall  be 
applied  to  the  payment  of  such  interest  and  appropriation  to  the 
sinking  fund. 


City  of  Albany.  479 

§22.  [Amended  by  chapter  21,  Laws  of  1887,  and  repealed  l.y 
chapter  304,  Laws  of  1892.] 

Scale  of  rents. 

§  23.  The  said  commissioners,  with  the  assent  of  the  Common 
Council,  shall  establish  a  scale  of  annual  rents  to  be  charged  and 
paid  annually  for  the  supply  of  water,  or  for  benefits  resulting 
therefrom,  to  be  called  "water  rents."  and  apportioned  to  vacant 
lots  and  the  different  classes  of  buildings  in  said  city,  in  refer- 
ence to  their  dimensions,  ordinary  uses  for  dwellings,  stores, 
shops,  private  stables  and  other  common  purposes,  as  near  as 
may  be  practicable,  and  from  time  to  time  alter,  modify,  amend 
and  increase  or  diminish  such  rents  in  said  scale,  and  extend  it 
to  other  descriptions  of  buildings,  establishments  or  uses;  but 
the  rents  shall  be  so  fixed  and  kept  as  to  produce  a  sum  sufiicient 
to  pay  the  expenses  of  repairs,  for  extending  the  works,  salaries, 
annual  appropriation  to  the  sinking  fund,  and  five  per  cent  on 
the  then  existing  water  debt,  to  meet,  in  part,  the  interest 
thereon. 

(As  amended  by  chapter  253,  Laws  of  1854.) 

Collection  of  rents. 

§  24.  Such  regular  water  rents  shall  be  collected  from  the 
owners  or  occupants  of  all  such  buildings,  respectively,  which 
shall  be  situated  upon  lots  adjoining  any  street  or  avenue  in  said 
city  in  which  the  distributing  pipes  are  now  or  may  hereafter  be 
laid,  and  from  which  they  can  be  supplied  with  water;  and  also 
from  the  owners  of  vacant  lots,  situated  in  like  manner,  for 
benefits  resulting  by  the  introduction  or  increase  of  the  supply 
of  water  in  said  city;  and  said  regular  rents  shall  be,  like  State 
and  county  taxes,  a  lien  and  charge  upon  such  buildings  and  lots 
as  is  herein  provided. 

(As  amended  by  chapter  253,  Lav/s  of  1854.) 

Special  rates. 

§  25.  Hotels,  factories,  stables  and  other  buildings,  establish- 
ments and  trades  which  consume  water  beyond  the  quantity 
required  for  ordinary  uses  or  common  purposes,  as  specified  in 
the  foregoing  twenty-third  section,  shall  pay  therefor  annually, 
in  advance,  to  the  Chamberlain  of  the  city,  as  special  rates,  in 
addition  to  the  rents  established  by  the  scale  aforesaid,  such  sum 


480  Law^  Relating  to  the 

as  the  commissiouers  shall  direct,  before  auy  permit  to  use  such 
extra  quantity  of  water  shall  be  giveu. 

(As  amended  by  chapter  253,  Laws  of  1854.) 
§  26.  The  Water  Commissioners  of  the  city  of  Albany  shall,  on 
or  before  the  first  day  of  November  in  each  year,  make  out  an 
assessment-roll  for  each  ward  of  the  said  city,  in  which  they 
shall  set  down,  in  three  separate  columns,  according  to  the  best 
information  in  their  power: 

1.  In  the  first  column  the  name  of  the  owner  or  occupant  of 
any  building  or  vacant  lot  chargeable  with  water  rent  under  the 
provisions  of  this  act. 

2.  In  the  second  column  the  number  of  the  building,  if  it  have 
any,  or  its  location,  and  the  location  of  any  vacant  lot  to  be 
assessed  for  such  water  rents. 

3.  In  the  third  column  the  amount  of  the  water  rent  assessed 
upon  such  building  or  lot. 

1.*  When  the  apportionment  and  assessment  shall  have  been 
made,  as  above  stated,  the  said  Water  Commissioners  shall  cause 
a  notice  to  the  effect  that  the  assessment-rolls  for  water  taxes 
liave  been  completed  and  are  open  for  inspection  and  examina- 
tion by  auy  person  interested,  to  be  published  at  least  twice  in 
one  of  the  official  papers  of  the  city  of  Albany.  During  the  time 
of  such  publication  and  until  and  including  the  twentieth  day  of 
November,  when  the  same  is  not  a  public  holiday,  the  said  rolls 
shall  be  opeu  for  inspection  and  examination  at  the  Water  Com- 
missioners' office;  and  on  the  application  in  writing  of  any 
person  considering  himself  aggrieved,  Avhich  application  shall  be 
signed  by  such  person  and  contain  his  post-office  address  or 
place  of  residence,  said  Board  of  Water  Commissioners  shall 
cause  notice  to  be  given  to  the  person  or  persons  so  objecting, 
that  they  will  be  granted  a  hearing  in  the  matter  at  a  meeting  to 
be  held  for  that  purpose,  such  meeting  shall  be  held  on  a  day 
to  be  designated  in  said  notice,  not  later  than  the  thirtieth  day  of 
November.  The  notice  of  such  heariug  shall  be  served  on  the 
person  or  persons  objecting,  by  mailing  the  same  to  such  person 
or  persons  addressed  to  him  or  them  at  the  post-office  address 
designated  in  his  or  their  application  Avith  the  full  postage 
thereon  prepaid,  or  by  leaving  said  notice  at  the  place  of  resi- 
dence designated  by  the  objector  in  his  application.    After  such 

*So  in  the  orig-inal, 


City  of  Albany.  481 

heariug  and  cousideration  of  the  objections  presented,  the  board 
may  review  and  correct  such  assessment-rolls  or  any  or  either 
of  them.  After  such  review  and  corrections,  if  any,  and  on  or 
before  the  fifth  day  of  December,  the  said  Water  Commissioners 
shall  deliver  the  said  assessment-rolls  to  the  Receiver  of  Taxes  of 
the  said  city,  with  their  warrant,  under  the  hands  and  seals  of  a 
majority  of  them  annexed  thereto  commanding  him  to  collect 
from  the  several  persons  named  in  the  said  assessment-rolls,  the 
several  sums  mentioned  in  the  last  column  of  such  rolls  opposite 
their  respective  names,  and  pay  over  the  same  to  the  Chamber- 
lain of  the  said  city.  The  said  water  rents,  so  charged,  shall  be 
collected  in  the  same  manner  as  is  or  may  be  presci'ibed  by  law 
for  the  collection  of  taxes,  for  city  purposes  of  the  city  of  Albany; 
the  like  notice  shall  ])e  given  by  the  Receiver  of  Taxes  of  the 
said  city,  and  also  the  like  rebate  for  prompt  payment  shall  be 
made,  and  in  all  respects,  the  like  proceedings  shall  be  had  by 
the  said  Receiver  of  Taxes  and  the  County  Treasurer  of  the 
county  of  Albany,  as  is  or  may  be  provided  by  law  for  the  collec- 
tion of  city  taxes  in  the  said  city.  The  assessment  aforesaid 
shall  be  a  lien  upon  the  lot  and  building,  or  vacant  lot  upon  or 
against  which  the  same  is  chai-ged,  and  the  same  may  be  sold 
separately  or  in  conjunction  with  the  sale  of  the  same  for  the 
non-payment  of  taxes  upon  the  same,  and  the  deed  given  upon 
such  sale  or  upon  any  sale  for  or  including  an  assessment  for 
water  rates  shall  be  prima  facie  evidence  of  the  regularity  and 
legality  of  all  proceedings  prior  to  the  execution  of  such  deed. 
In  addition  to  the  remedies  herein  provided  for  the  collection 
of  water  rents  the  said  Board  of  Water  Commissioners  may  shut 
off  the  supply  of  Avater  to  or  for  any  lot  or  building  whose  owner 
neglects  or  refuses  to  pay  the  water  rent  assessed  upon  or 
against  it,  until  the  same  is  paid. 

(As  amended  by  chapter  253,  Laws  of  1S54,   and  by  chapter  396, 
Laws  of  1888.) 

Rights  of  Albany  Water-works  Company. 

§  27.  Before  the  Water  Commissioners  of  the  city  of  Albany 
shall  lay  doAvu  any  pipes  for  the  supply  and  distribution  of  water 
in  any  part  or  section  of  a  street  in  said  city,  where  the  trustees 
and  company  of  the  Albany  Water-works  have  laid  their  pipes 
for  supplying  and  distributing  water,  they  shall  purchase  by 
agreement,  or  acquire  by  appraisal,  as  herein  provided,  of  said 
31 


482  Laws  Relating  to  the 

Water-works  Company,  all  their  property,  interests  and  rights, 
under  their  charter,  at  a  price  not  to  exceed  the  par  value  of  the 
stock  of  said  company;  which  agreement,  when  ratified  and  con- 
firmed by  the  Common  Council  of  said  city,  shall  be  final  and 
conclusive;  and  the  said  trustees  and  company  of  the  said 
Albany  Water-works  shall  thereupon  be  authorized  to  convey  to 
the  corporation  of  the  city  of  Albany  all  their  property,  rights 
and  interests  so  agreed  to  be  purchased.  In  case  of  disagree- 
ment between  the  commissioners  and  the  said  company  as  to  the 
amount  of  compensation  to  be  paid  for  such  property,  rights  and 
interests,  the  same  proceedings  shall  and  may  be  had  to  ascer- 
tain the  amount  of  such  compensation,  not  exceeding  par  value, 
as  aforesaid,  as  are  herein  provided  in  respect  to  land  or  water 
required  for  the  purposes  of  this  act,  with  the  like  effect;  and 
until  such  agreement  be  made,  or  such  compensation  be  ascer- 
tained and  paid,  or  secured  to  be  paid,  to  the  satisfaction  of  the 
said  company,  no  water  pipes  sliall  be  laid  down  by  said  com- 
missioners in  any  part  or  section  of  a  street  where  said  Albany 
Water-works  Company  have  laid  pipes  for  supplying  and  dis- 
tributing water;  but  nothing  in  this  act  contained  shall  be  so  con- 
strued as  to  prevent  the  commissioners  from  crossing  any  street 
in  the  said  city  with  their  works,  under  the  authority  conferred 
on  them  by  this  act.  The  corporation  of  the  city  of  Albany,  upon 
acquiring  such  property,  rights  and  interests,  as  aforesaid,  shall 
possess  the  same  power  to  charge  and  receive  a  compensation  for 
the  use  of  the  water  which  is  now  possessed  by  the  Albany 
Water-works  Company  until  the  completion  of  the  works  contem- 
plated by  this  act.  The  preceding  provisions  of  this  section  shall 
be  inoperative  unless  the  Albany  Water-works  Company  shall, 
within  sixty  days  after  the  passage  of  this  act,  serve  upon  the 
Clerk  of  the  Common  Council  of  the  city  of  Albany,  a  notice  in 
writing,  that  they  accept  and  agree  to  the  provisions  contained 
in  this  act. 

Supply  pipes. 

§  28.  The  connecting  or  supply  pipes  leading  from  the  dwellings 
to  the  distribution  pipes,  shall  be  inserted  and  kept  in  repair  at 
the  expense  of  the  owners  or  occupants  of  the  buildings,  and 
shall  not  be  inserted  or  connected  with  the  main  pipe  until  a 
permit  therefor  shall  be  obtained  from  the  Superintendent  or 
Chamberlain,  or  other  person  having  charge  thereof;    and  all 


City  of  Albany.  488 

such  connecting  or  supply  pipes  and  fixtures  shall  be  constructed 
under  and  according  to  the  direction  of  the  Superintendent  ot 
his  agent. 

Kules  and  regulations. 

§  29.  The  rules  and  regulations  for  the  use  of  the  water  shall 
be  printed  on  each  permit  and  distributed  to  each  house  or  build- 
ing supplied  with  water,  and  shall  be  notice  to  the  owners  and 
occupants,  and  shall  authorize  the  recovery,  by  process  of  law, 
in  the  name  of  the  Mayor,  or  the  Superintendent,  of  any  penalty 
established  by  said  commissioners  for  any  violation  of  said 
rules  and  the  observance  of  said  rules  may  also  be  enforced  by 
cutting  off  the  use  and  supply  of  water. 

§  30.  This  act  shall  tiike  effect  immediately. 


CHAPTER  212  OF  THE  LAWS  OF  1851. 

An  Act  to  preserve  the  purity  of  certain  streams  used  to  supply 

the  city  of  Albany  with  water. 

Passed  Agril  8,  1851. 

Tlie  People  of  tlie  State  of  New  York,  represented  in  Senate  and 
Assembly,  do  enact  as  follows  : 

Penalties. 

Section  1.  Any  person  who  shall  throw,  deposit,  place  or  cast, 
or  cause  to  be  placed,  thrown,  cast  or  deposited  into  or  in  the 
Patroon's  creek,  Gates'  creek.  Sand  creek,  or  any  other  stream 
used  to  supply  the  city  of  Albany  with  water,  or  in  or  into  any 
of  their  sources,  tributaries  or  branches,  or  into  any  reservoir, 
conduit,  aqueduct  or  pipe,  consti-ucted  or  used  for  the  pui-pose 
of  supplying  the  said  city  with  water,  any  dead  animal,  ordure, 
or  deleterious,  offensive,  filthy  or  impure  matter,  liquid  or  thing, 
or  who  shall  place,  locate  or  deposit  any  dead  animal,  ordure,  or 
deleterious,  offensive,  filthy  or  impure  matter,  liquid  or  thing, 
near  to  any  of  the  said  streams,  their  sources,  tributaries,  or 
branches,  or  to  any  such  reservoir,  conduit,  aqueduct  or  pipe,  so 
that  the  same,  or  any  part  thereof,  may  be  washed  or  carried  by 
rain,  flood  or  otherwise,  into  any  such  stream,  reservoir,  conduit, 
aqueduct  or  pipe,  shall  be  liable  to  prosecution  for  a  misde- 
meanor, and  on  conviction  shall  be  punished  by  fine  and  imprison- 
ment, or  both,  as  the  nature  of  the  case  may  require;    but  such 


484  Laws  Relating  to  the 

fine  shall  not  exceed  fifty   dollars,   nor  such  imprisonment  six 
months. 

Jurisdiction  of  offenses. 

§  2.  The  Court  of  Special  Sessions,  in  the  city  of  Albany,  estab- 
lished by  chapter  one  hundred  and  fifty  of  the  Laws  of  one  thou- 
sand eight  hundred  and  forty-nine,  shall  have  jurisdiction  of  the 
offenses  declared  in  this  act,  and  shall  proceed  in  the  trial  thereof 
as  prescribed  by  the  said  chapter  one  hundred  and  fifty,  which 
chapter  shall  apply  in  all  respects  to  the  proceedings  against  the 
persons  complained  of  for  violations  of  this  act. 

Nuisances  to  be  abated. 

§  3.  Any  slaughter-house,  distillery,  or  manufactory  of  any 
description,  and  any  privy  or  stable  which  shall  be  erected  or 
maintained,  so  near  any  of  the  streams  mentioned  in  the  first 
section  of  this  act,  or  any  reservoir,  conduit,  aqueduct  or  pipe 
used  as  mentioned  in  the  said  first  section  as  to  expose  any  filthy, 
deleterious,  or  impure  matter,  liquid  or  thing  to  be  carried, 
washed,  or  in  any  way  conveyed  into  any  such  stream,  its  source, 
tributaries  or  branches,  or  into  any  such  aqueduct,  reservoir,  con- 
duit or  pipe,  shall  be  deemed  a  nuisance,  and  the  owners  and 
occupants  thereof  shall  be  liable  to  pi'osecution,  conviction  and 
punishment,  as  for  creating  or  maintaining  a  nuisance;  and 
every  such  slaughter-house,  distillery,  manufactory,  privy  or 
stable  may  be  abated  by  the  Common  Council  of  the  city  of 
Albany,  or  their  lawful  agents  and  officers,  in  the  same  manner 
as  private  nuisances  may  be  abated  by  individuals. 


CHAPTER  28  OF  THE  LAWS  OF  1852. 

An  Act  to  amend  an  act  entitled  "An  Act  to  provide  for  a  supply 
of  water  in  the  city  of  Albany,  and  to  make  a  loan  therefor," 
passed  April  ninth,  eighteen  hundred  and  fifty. 

Passed  February  19,   1852;    three-fifths  being  present. 

The   People  of  the  State  of  Neto    TorTc,   represented    in  Senate    and 
Assembly,  do  enact  as  follows  : 

Money  may  be  raised  by  loan. — Interest. — When  paid. 

Section  1.  It  shall  be  lawful  for  the  Common  Council  of  the 
city  of  Albany,  by  a  vote  of  two-thirds  of  their  number,  to  raise 


City  of  Albany.  485 

by  loan,  from  time  to  time,  as  tlie  same  may  be  required,  the 
sum  of  one  liuudred  and  tifty  tliousand  dollars,  by  increasing 
"  the  water  stoeli  of  the  city  of  Albany,"  which  the  said  Common 
Council  were  authorized  to  create  by  the  fifth  section  of  the  act 
hereby  amended.  Tlie  said  increase  of  stock  shall  bear  an 
interest  not  exceeding  six  per  cent  per  annum,  and  the  principal 
be  payable  at  such  time  as  the  said  Common  Council  shall  deter- 
mine, not  exceeding  thirty  years  from  the  time  of  issuing  said 
stock. 

Application  of  money. 

§  2.  Tlie  inoucys  authorized  to  be  raised  by  virtue  of  this  act 
shall  be  applied  by  the  Water  Commissioners  of  the  city  of 
Albany,  in  the  manner  now  provided  by  law,  to  the  payment  of 
work  and  labor  already  performed,  and  materials  furnished  for 
the  water-works  of  said  city,  and  also  to  the  extension  or 
improvement  of  the  said  works,  whenever  such  extension  or 
improvement  shall  be  required,  by  a  vote  of  two-thirds  of  the 
members  elected  to  the  Common  Council  of  said  city,  and  the 
like  two-third  vote  shall  be  necessary  to  authorisse  or  require  the 
extension  of  the  said  works,  as  specified  in  section  nineteen  of 
the  act  hereby  amended. 

§  3.  This  act  shall  take  effect  immediately. 


CHAPTER  5  OF  THE  LAWS  OF  1857. 
An  Act  to  amend  an  act  entitled  "An  act  to  provide  for  a  supply 
of  water  in  the  city  of  Albany,  and  to  make  a  loan  therefor," 
passed  April  9,  1850. 

Passed  January  28,  1857;    three-fifths  being  present. 

Tke  People  of  the  State  of  New  York,  represented  in  Senate  and 
Assembly,  do  enact  as  follows: 

Common  Council  to  raise  money  by  loan. — Rate  of  interest. 

Section  1.  It  shall  be  lawful  for  the  Common  Council  of  the 
city  of  Albany,  by  a  vote  of  two-thirds  of  their  number,  to  raise, 
by  loan,  from  time  to  time,  as  the  same  may  be  required,  the  sum 
of  fifty  thousand  dollars,  by  increasing  "  the  water  stock  of  the 
city  of  Albany,"  which  the  said  Common  Council  were  authorized 
to  create  by  the  fifth  section  of  the  act  hereby  amended.  The 
said  increase  of  stock  shall  bear  an  interest  not  exceeding  six 


486  Laws  Relating  to  the 

per  cent  per  annum,  and  the  principal  be  payable  at  such  time  as 
the  said  Common  Council  shall  determine,  not  exceeding  thirty 
years  from  the  time  of  issuing  said  stock. 

Moneys,  how  to  be  applied. 

§  2.  The  moneys  authorized  to  l)e  raised  by  virtue  of  this  act 
shall  be  applied  by  the  Water  Commissioners  of  the  city  of 
Albany  to  the  extension  or  improvement  of  the  water-works  of 
said  city  whenever  such  extension  or  improvement  shall  be 
required  by  the  Common  Council  of  said  city  in  the  manner  now 
provided  by  law. 

§  3.  This  act  shall  take  effect  immediately. 


CHAPTER  258  OF  THE  LAWS  OF  1857. 

An  Act  authorizing  the  city  of  Albany  to  supply  a  portion  of  the 

town  of  Watervliet  with  water. 

Passed  April  6,  1857;    three-fifths  being  present. 

The  People  of  the  State  of  New  York,  reiyresented  in  Senate  and 
Assembly,  do  enact  asfolloios: 

Extension  of  water  pipes. 

Section  1.  The  Common  Council  of  the  city  of  Albany,  on  the 
application  of  the  owner  or  occupant  of  property  lying  in  any 
portion  of  the  town  of  Watervliet,  within  two  miles  of  the 
northern  boundary  line  of  said  city,  may,  from  time  to  time,  by 
a  two-thirds  vote  of  all  the  members  elected  to  said  Common 
Council,  empower  the  Water  Commissioners  of  said  city  to  extend 
and  supply  with  water,  for  fire  or  other  uses,  the  line  of  pipes 
now  supplying  the  city  with  water,  into  that  portion  of  the  town 
of  Watervliet  herein  described. 

"Water  rents. 

§  2.  On  the  completion  of  any  portion  of  the  work  authorized 
by  the  first  section  of  this  act,  and  on  the  water  being  furnished, 
as  aforesaid,  the  said  commissioners,  with  the  assent  of  the  Com- 
mon Council,  shall  establish  a  scale  of  water  rents  to  be  charged 
and  paid  annually  for  the  supply  of  water,  or  for  benefits  result- 
ing therefrom,  by  the  owners  or  occupants  of  houses,  buildings 
or  lots  in  said  town  furnished  with  the  same,  or  in  front  of  which 
the  pipes  have  been  laid,  and  such  rents  shall  be  like  State  and 


CiTT  OF  Albany.  487 

county  taxes,  a  lien  and  cbarge  upon  such  houses,  buildings  and 
lots,  respectively. 

By-laws  and  regulations. 

§  3.  All  the  provisions  of  the  act  entitled  "An  act  to  provide  for 
the  supply  of  water  in  the  city  of  Albany,"  passed  April  ninth, 
eighteen  hundred  and  fifty,  and  the  several  acts  amendatory 
thereof,  except  as  herein  modified,  and  by-laws  or  regulations 
now  or  hereafter  duly  enacted  for  the  preservation,  protection 
and  management  of  all  the  water-works  of  the  city  of  Albany, 
and  also  the  levying  and  collection  of  the  water  rents  by  the 
commissioners,  Receiver  of  Taxes,  and  County  Treasurer,  shall 
extend  to  and  be  applicable  to  that  portion  of  the  town  of  Water- 
vliet  furnished  with  water  as  herein  provided,  in  the  same 
manner  and  with  the  like  effect  as  though  the  same  constituted 
one  of  the  wards  of  said  city. 

§  4.  This  act  shall  take  effect  immediately. 


CHAPTER  197  OF  THE  LAWS  OF  1859. 
An  Act  to  amend  an  act  entitled  "An  Act  to  provide  for  a  supply 
of  water  in  the  city  of  Albany,"  passed  April  9,  1850,  and  also 
to  amend  the  acts  amendatory  of  said  act. 

Passed  April  8,  1859;    three-fifths  being  present. 

IVie  People  of  the  State  of  New  York,  reprexeiited  in  Senate  and  Assem- 
bly, do  enact  as  follows: 

Section  1.  All  the  provisions  of  laws  now  in  force  in  regard  to 
the  redemption  of  lands  sold  for  taxes,  the  parties  entitled  to 
make  such  redemption,  and  the  time  and  manner  in  which  such 
redemption  may  be  made,  shall  apply  to  all  buildings  and  real 
estate  in  the  citj'  of  Albany,  or  the  town  of  Watervliet,  which 
may  at  any  time  be  sold,  in  the  manner  now  prescribed  by  law 
for  the  non-payment  of  water  rents  assessed  or  charged,  or  that 
may  hereafter  be  assessed  or  charged  upon  the  same,  by  virtue 
of  either  of  the  acts  hereby  amended. 

§  2.  This  act  shall  take  effect  immediately. 


488  Laws  Relating  to  the 

CHAPTER  43  OF  THE  LAWS  OF  1868. 

An  Act  to  provide  for  an  additional  supply  of  water  in  the  city 

of  Albany. 
Passed   March  20,   1868;     three-fifths   being  present. 

The  People  of  the  State  of  New  York,  represented  i)t  Senate  and 
Assembly,  do  enact  as  follows: 

Duty  of  Water  Commissioners. 

Section  1.  It  shall  be  the  duty  of  the  Water  Commissioners  of 
the  city  of  Albany,  on  tlie  requisition  of  tlie  Common  Council 
of  said  city,  in  the  form  and  manner  now  re(iuired  by  law  for 
the  improvement  and  extension  of  the  water-works  of  said  city, 
to  examine  and  consider  all  matters  relative  to  procuring  an 
additional  supply  of  pure  and  wholesome  water;  and  for  that 
purpose  they  shall  have  power  to  employ  engineers,  surveyors 
and  such  other  persons  as  may  be  necessary. 

Conditional  contracts. 

§  2.  The  said  commissioners  shall  adopt  such  plans  as  in  their 
opinion  may  be  most  feasible  for  procuring  such  additional  sup- 
ply of  water,  and  shall  ascertain  the  probable  amount  of  money 
necessary  to  carry  the  same  into  efCect,  and  for  that  purpose  they 
shall  have  power  to  make  conditional  contracts,  to  become  valid 
when  ratified  by  the  Common  Council  of  said  city,  with  the 
owner  or  owners,  whether  individuals  or  corporations,  of  all 
lands,  tenements,  hereditaments,  rights  or  privileges  whatsoever, 
wliich  may  be  required  for  tlie  purpose,  and  they  may  make  tlie 
like  conditional  contracts  for  the  execution  of  the  work  or  any 
part  thereof,  or  the  supply  of  any  necessary  material. 

Report  upon  plan  and  estimate  of  expense. 

§  3.  Tlie  commissioners  shall  make  a  report  to  the  Common 
Council,  containing  a  description  of  the  plan  adopted  by  them, 
their  estimate  of  the  expense  thereof,  with  their  reasons  and 
calculations  for  their  said  estimate,  and  also  the  conditional  con- 
tracts made  by  them  under  this  act. 

§  4.  [Repealed  by  chapter  304,  Laws  of  1892,  §  8.] 

Moneys,  how  to  be  expended. 

§  5.  The  moneys  to  be  raised  by  virtue  of  this  act  shall  be 
applied  and  expended  for  the  puii:>ose  of  procuring  an  additional 


City  of  Albany.  489 

supply  of  water  for  the  city  of  Albauy,  according  to  tlie  plan 
ratified  aud  adopted,  as  aforesaid,  witli  sucli  alterations  as  may 
be  made  l)y  the  said  commissioners,  witli  the  approval  of  the 
Common  Council,  and  for  no  other  purpose  whatsoever. 

Commissioners  may  agree  with  owners  of  land. 

§  6.  Tlie  said  commissioners  are  hereby  authorized  to  enter  in 
and  upon  any  land  or  water  for  the  purpose  of  making  sun^eys, 
and  to  agree  with  the  owner  of  the  property,  real  or  personal, 
which  may  be  required  for  the  pui-pose  of  this  act,  as  to  the 
amoiuit  of  compensation  to  be  paid  to  such  owner. 

How  to  acquire  lands. — Three   Commissioners   of  Estimate   to 
be  appointed. 

§  7.  In  case  of  disagreement  between  the  commissionei's  and 
the  owner  of  any  property  which  may  be  required  for  said  pur- 
poses, or  affected  by  any  operation  connected  therewith,  as  to 
the  amount  of  compensation  to  be  paid  to  such  owner,  or  in  ease 
any  such  owner  shall  be  an  infant,  or  married  woman,  or  insane, 
or  absent  from  this  State,  or  unknown,  or  the  owner  of  a  con- 
tingent or  uncertain  interest,  the  Supreme  Court,  at  any  General 
Term  in  the  Third  District,  shall,  upon  the  application  of  either 
party,  after  ten  days'  personal  notice,  or  where  such  notice  can- 
not be  served  within  the  State,  after  three  weeks'  notice  of  such 
application,  publislied  in  two  of  the  daily  newspapers  of  the  city 
of  Albany,  nominate  and  appoint  three  disinterested  persons  to 
examine  such  property,  who,  being  duly  sworn  faithfully  and 
impartially  to  discharge  their  duties,  shall  estimate  and  report, 
to  the  said  court,  the  several  sums  which  will  be  a  just  compen- 
sation to  such  owners,  respectively,  for  the  appropriation  to  the 
purposes  of  this  act,  of  any  property  which  may  be  so  required, 
or  for  the  temporary  use  of  any  property. 

Confirmation  of  report. — Owners  of  lands  may  appeal. — Second 
report. 

§  8.  Whenever  such  report  shall  have  been  confirmed  by  said 
Supreme  Coiu't,  the  said  commissioners  may  deposit  or  invest, 
as  said  court  may  direct,  or  pay  to  said  owner,  or  to  such  person 
or  persons  as  the  court  may  direct,  the  sum  mentioned  in  said 
report,  in  full  compensation  for  the  property  so  required;  and 


490  Laws  Relating  to  tbe 

thereupon  the  Mayor,  Aldermen  and  Commonalty  of  the  city  of 
Albany  shall  become  seized,  in  fee,  of  tbe  property  so  acquired, 
and  shall  be  discharged  from  all  claim  by  reason  of  any  such 
appropriation  or  use. 

Within  twenty  days  after  the  confirmation  of  the  report  of  the 
three  persons  appointed,  as  aforesaid,  either  party  may  appeal, 
by  notice  in  writing  to  the  other,  to  the  Supreme  Court  in  the 
Third  District,  at  any  General  Term,  from  said  report.  On  the 
hearing  of  such  appeal  the  court  may,  in  its  discretion,  direct  a 
second  estimate  and  report  to  be  made  by  the  same  persons,  or 
it  may  appoint,  for  that  purpose,  three  other  disinterested  per- 
sons. If  the  amount  of  compensation  to  be  made  by  the  commis- 
sioners is  increased  by  the  second  estimate  and  report,  the 
difference  shall  be  paid  by  the  commissioners  to  the  person  or 
persons  entitled  to  the  same,  when  directed  as  aforesaid;  and  if 
the  amount  is  diminished,  the  difference  shall  be  refunded  to 
the  Mayor,  Aldermen  and  Commonalty  of  the  city  of  Albany,  by 
the  person  or  persons  to  Avhom  the  same  has  been  paid,  and 
judgment  therefor  may  be  rendered  by  the  court,  on  the  filing  of 
the  second  estimate  and  report,  against  the  person  or  persons 
liable  to  pay  the  same.  Such  appeal  shall  not  affect  the  posses- 
sion by  the  Mayor,  Aldermen  and  Commonalty  of  the  city  of 
Albany  of  the  property  acquired  as  aforesaid;  nor  shall  it  sus- 
pend or  delay  the  prosecution  of  the  work  authorized  by  this  act. 

Willful  injury  to  work,  how  punished. 

§  9.  If  any  person  shall  willfully  do  or  cause  to  be  done  any  act 
whereby  any  work,  materials  or  property  whatsoever  erected  or 
used  by  the  said  Common  Council,  or  by  the  said  commissioners, 
or  by  any  person  acting  under  their  authority,  for  the  purpose 
of  procuring  and  keeping  an  additional  supply  of  water, 
shall,  in  any  manner,  be  injured,  such  person,  on  conviction 
thereof,  shall  be  deemed  guilty  of  a  misdemeanor  and  punished 
accordingly. 

Contracts,  how  executed. 

§  10.  All  contracts  for  materials  or  for  the  construction  of  the 
work  shall  be  made  in  writing  and  executed  by  the  parties  in 
triplicate;  one  copy  shall  be  given  to  the  contractor,  one  to  the 
Chamberlain  of  said  city  and  one  retained  by  the  commissioners. 


City  ot  Albant.  491 

Notice  of  receiving  proposals  to  be  given. 

§  11.  Public  notice  shall  be  given  in  one  or  more  newspapers, 
as  the  said  commissioners  shall  direct,  of  the  time  and  place  at 
which  sealed  proposals  will  be  received  for  entering  into  con- 
tracts; and  all  sealed  proposals  for  contracts  shall  be  for  a  sum 
certain  as  to  the  price  to  be  paid  or  received,  and  no  proposition 
which  is  not  thus  definite  and  certain  shall  be  received  or  acted 
on,  and  no  more  than  one  proposition  shall  be  made  by  or 
received  from  any  one  person  for  the  same  contract,  and  no  pro- 
posal or  contract  shall  be  assigned  without  the  consent  of  the 
commissioners  of  the  Common  Council. 

Security  to  be  given. 

§  12.  Every  person  who  shall  enter  into  any  contract  for  the 
supply  of  materials  or  the  performance  of  any  work,  shall  give 
satisfactory  security  to  the  said  commissioners  for  the  faithful 
perfoi-mance  of  his  contract  according  to  its  terms. 

Water  Commissioners  to  superintend  construction. 

§  13.  It  shall  be  the  duty  of  the  said  commissioners  to  superin- 
tend the  construction  of  the  work,  keep  a  record  of  their  proceed- 
ings in  a  suitable  book,  and  they  shall  have  and  exercise  a 
general  supervisory  and  controlling  power  in  all  matters  relating 
to  the  preservation  and  continuance  of  the  work  authorized  by 
this  act,  and  shall  annually  make  a  report  to  the  Common  Council 
of  their  proceedings  generally  and  of  the  matters  in  their  charge, 
and  at  any  other  time  when  required  by  the  Common  Council. 

Common  Council  to  authorize  drafts  upon  City  Chamberlain. 
§  14.  The  Common  Council  shall  authorize  the  commissioners  to 
draw  upon  the  Chamberlain  of  the  city  for  any  sum  in  favor  of 
and  to  be  paid  to  the  owner  of  any  land,  waters,  streams  or 
property  acquired  by  virtue  of  this  act,  and  in  favor  of  and  to 
be  paid  to  any  contractor  or  other  person  for  materials  furnished 
or  work  performed.  Such  drafts  shall  specify  the  objects  for 
which  they  are  drawn,  as  near  as  may  be,  and  the  Common 
Council  shall  make  it  the  duty  of  the  Chamberlain  to  pay  such 
drafts  in  everj-  case  where  a  deed  or  other  voucher  is  delivered 
to  him,  or  a  contract  has  been  filed  with  him,  and  a  duplicate 
receipt  of  the  contractor  or  other  person  for  such  draft  shall  be 
presented  therewith. 


492  Laws  Relating  to  tse 

Right  to  use  of  public  streets. 

§  15.  The  .said  comiui.s.si()iu'rs,  in  behalf  of  the  said  Mayor, 
Aldermen  and  Commonalty,  and  all  persons  acting  under  their 
authority,  sliall  have  the  right  to  use  the  ground  or  soil  under 
any  street,  highway  or  road  within  the  county  of  Albany,  for  the 
purpose  of  procuring  an  additional  supply  of  water  for  the  city 
of  Albany,  on  condition  that  they  shall  cause  the  surface  of  said 
street,  highway  or  road  to  be  relaid  and  restored  to  its  usual 
state,  and  all  damages  done  thereto  to  be  repaired. 

Sinking  fund. 

§  16.  The  sum  of  five  tliousand  dollars  per  annum,  and  such 
additional  amount  as  the  commissioners  annually  may  direct, 
shall  be  set  apart  and  constitute  a  sinlj;iug  fund  for  the  payment 
of  the  principal  of  the  loan  or  loans  authorized  by  this  act,  as  it 
shall  from  time  to  time  become  due  and  payable,  which  sinliing 
fund  shall  be  controlled  and  managed  by  the  Board  of  Trustees 
having  charge  of  the  sinliing  funds  of  said  city,  and  in  the  same 
manner  as  now  provided  by  law. 

Deficiency  in  annual  receipts,  how  to  be  met. 

§  17.  In  case  the  entire  annual  receipts  for  water  rates,  after 
deducting  therefrom  such  sum  or  sums  as  may  be  necessary  to 
defray  the  ordinary  expenses  and  repairs  of  the  water-works  and 
of  extending  the  same,  shall  not  be  sufficient  in  any  one  or  more 
years  to  pay  the  interest  on  the  loan  or  loans,  and  also  the  annual 
appropriations  for  the  sinking  fund;  it  shall  be  and  is  hereby 
made  the  duty  of  the  Board  of  Supervisors  of  the  county  of 
Albany,  and  they  are  hereby  authorized  and  directed  to  cause  to 
be  levied  and  collected  from  and  against  all  the  taxable  property, 
at  the  same  time  and  in  the  same  manner  as  other  contingent 
expenses  of  said  city  are  assessed,  levied  and  collected,  such  sum 
or  sums  of  money  as  may  be  certified  by  the  said  Common  Coun- 
cil to  be  necessary  to  make  good  such  deficiency,  and  the  same 
shall  be  applied  to  the  payment  of  such  intei'est  and  appropria- 
tions to  the  sinking  fund. 

§  18.  This  act  shall  take  effect  immediately. 


GiTT  OF  Albany.  493 

CHAPTER  106  OF  THE  LAWS  OF  1876. 
An  Act  to  amend  chapter  three  hundred  and  twenty-eight  of  the 
Laws  of  eighteen  hundred  and  seventy-three  entitled,  "An  act 
to  amend  an  act  to  provide  for  an  additional  supply  of  water 
in  the  city  of  Albany,"  passed  March  twentieth,  eighteen  hun- 
dred and  sixty-eight. 

Passed   April  11,    1876;     three-fifths   being  present. 

The  People  of  the  State  of  New  York,  represented  in  Senate  and 
Aisenibly,  do  enact  asfolloics : 

Section  1.  [Repealed  by  chapter  304,  Laws  of  1892,  §  8.] 

Application  of  funds. 

§2.  The  additional  amount  to  )»e  raised  by  this  act  the  Water 
Commissioners  of  the  city  of  Albany  shall  apply  to  the  building 
of  a  supplemental  reservoir  in  the  city  of  Albany,  and  the  exten- 
sion and  improvement  of  the  water-works  in  said  city,  and  in 
payment  for  the  work,  labor,  materials  and  machinery  necessary 
for  such  purposes. 

§  3.  This  act  shall  take  effect  immediately. 


CHAPTER  306  OF  THE  LAWS  OF  1885.* 
An  Act  relating  to  the  further  supply  of  pure  and  wholesome 
water  for  the  city  of  Albany  and  modifying  and  amending 
parts  of  chapter  two  hundred  and  seventy-six  of  the  Laws  of 
eighteen  hundred  and  eighty-four,  entitled  "An  act  in  addition 
to  and  ameudatory  of  the  several  acts  relating  to  a  supply  of 
water  in  the  city  of  Albany." 

Passed  May  22,  1885;    three-fifths  being  present. 

The  People  of  the  State  of  New  York,  represented  in  Senate  and  Assem- 
bly, do  enact  as  folloics : 

Special  Water  Commissioners,  names,  powers  and  duties  of. 

Section  1.  Samuel  Hand.  Archi])ald  McClure,  Albert  Yander 
Veer  and  Owen  Golden  are  hereby  constituted  and  appointed  a 
Special  Water  Commission  of  the  city  of  Albany,  and  are  directed 
to  make  due  inquiry  as  to  the  available  sources  of  supply  of  pure 
and  wholesome  water  for  the  city  of  Albany,  and  if  the  present 
water  supply  of  said  city  be  in  their  judgment  the  best  available 

*  See  cliapter  212,  Laws  of  1887,  post. 


494  Laws  E elating  to  the 

supply  for  said  city,  tlien  as  to  wliat,  if  any,  method  can  be 
adopted  for  tlie  improvemeut  of  the  character  of  the  water  now 
used,  or  the  purification  thereof,  and  for  such  purposes  they  are 
authorized  to  employ  competent  engineers,  experts  and  other 
assistants,  and  to  incur  such  other  expenses  as  may  be  proper  in 
the  premises,  provided  tliat  the  entire  amount  of  money  to  be 
so  expended  shall  not  exceed  the  sum  of  ten  thousand  dollars. 
Any  vacancy  which  may  occur  in  said  Special  Water  Commission 
through  death,  resignation,  or  otherwise,  shall  be  filled  by  the 
appointment  of  a  successor  by  the  remaining  commissioners. 

Organizations  and  officers  and  report. — Meeting  of  Common 
Council  to  consider  report. — Action  to  be  taken  thereon, 
etc. — Vote  to  be  taken  by  ayes  and  nays,  etc. — Commis- 
sion may  accept  bids  and  enter  into  contract. — Cost  limited 
to  $1,200,000. — Contractors  to  give  bonds. — Superintendent 
and  assistants. 
§2.  Said  Special  Water  Commissioners  shall,  immediately  after 
the  taking  effect  of  this  act,  meet  and  organize  by  the  selection 
from  their  own  number  of  a  president  and  secretary,  and  shall, 
within  six  months  from  and  after  the  time  that  this  act  shall 
take  effect,  make  a  report  to  the  Common  Council  of  the  city 
of  Albany  of  the  results  of  their  inquiries  in  the  premises,  which 
report  shall  be  filed  with  the  Clerk  of  said  Common  Council. 
Said  report  shall  explain  as  fully  as  practicable  the  plan  pro- 
posed, and  the  estimated  cost  thereof,  or  shall  state  that  said 
commissioners  have  no  plan  to  propose.  Said  Clerk  shall,  imme- 
diately upon  the  filing  of  such  report  with  him,  call  a  meeting  of 
said  Common  Council  for  the  consideration  thereof;  of  which 
meeting  at  least  five  days'  notice  shall  be  given  in  the  usual 
manner.  If  such  report  shall  by  resolution  be  approved  by  a 
majority  of  the  members  elected  to  said  Common  Council  within 
one  month  after  it  shall  be  filed  with  the  Clerk  of  that  body,  then 
such  resolution  of  the  Common  Council  shall,  before  it  takes 
effect  and  within  five  days  after  its  passage  be  sent  to  and  left 
at  the  office  of  the  Mayor  of  the  city  of  Albany,  duly  certified  by 
the  Clerk  of  the  Common  Council,  of  the  time  of  which  act  on 
his  part,  said  Clerk  shall  make  a  record  in  a  book  kept  by  him 
for  that  purpose,  and  such  Clerk  shall  be  guilty  of  a  misdemeanor 
in  case  he  willfully  neglects  for  a  period  longer  than  during  such 
five  days  to  deliver  such  resolution  at  the  Mayor's  office.    If  the 


City  of  Albany.  495 

Mayor  approves  of  such  resolution  lie  shall  sign  it  and  it  shall 
take  effect  immediatelj',  and  it  shall  then  be  the  duty  of  the 
Special  Water  Commission  to  cause  to  be  made  full  and  exact 
plans  and  specifications  of  the  work  in  and  by  said  report 
recommended,  and  to  advertise  in  the  official  city  newspapers 
and  such  other  newspapers  and  in  such  other  manner  as  to  said 
Special  Water  Commission  shall  deem  proper  for  at  least  three 
weeks  for  proposals  for  the  doing  thereof,  and  in  such  advertise- 
ment to  state  a  definite  time  and  place  at  which  bids  will  be 
received,  at  which  time  and  place  said  Special  Water  Commis- 
sion shall  meet  and  publiclj'  receive  and  open  such  bids  and 
state  the  contents  thereof.  If  the  Mayor  does  not  approve  of 
such  resolution  he  shall  return  it  with  his  objections,  and  file  it 
together  with  such  objections,  wnth  the  Clerk  of  the  Common 
Council  within  ten  days  after  it  was  delivered  at  his  office.  The 
said  Clerk  shall  at  the  time  fixed  for  the  next  regular  meeting, 
and  in  the  room  where  such  meetings  are  authorized  to  be  held, 
if  there  be  a  meeting  of  the  Common  Council  at  such  time,  road 
aloud  said  veto  or  objections  and  enter  the  same  at  length  upon 
the  journal  of  the  board;  and  if  there  be  no  such  meeting  then 
the  Clerk  shall  at  such  time  and  place  announce  the  fact  of  such 
veto  and  enter  the  same  upon  the  journal  of  the  board  and  within 
three  days  after  said  objections  are  so  entered,  or  such  announce- 
ment made,  shall  cause  such  objections  or  veto  to  be  published 
one  time  in  the  corporation  newspapers.  Unless  three-fourths  of 
all  the  members  elected  to  the  Common  Council  shall  at  the  time 
designated  for  the  first  regular  meeting  after  its  publication  (at 
which  a  meeting  shall  be  held)  vote  to  pass  said  resolution  not- 
withstanding the  objections  of  the  Mayor,  it  shall  not  take  effect; 
if  said  three-fourths  shall  so  vote  therefor,  it  shall  take  effect 
as  if  signed  by  the  Mayor.  In  every  case  the  vote  shall  be  taken 
by  ayes  and  noes  and  be  entered  on  the  journal,  and  if  such  reso- 
lution shall  not  be  returned  by  the  Mayor  within  ten  days  after 
it  has  been  delivered  at  his  office  as  hereinbefore  provided  for, 
it  shall  take  effect  in  like  manner  as  if  he  had  signed  it;  pro- 
vided, however,  that  if  the  Mayor  or  the  Clerk  of  the  Common 
Council  shall  within  such  ten  days  certify  in  writing  to  that 
board  that  owing  to  the  sickness  or  absence  from  the  city  of  the 
Mayor  he  has  been  unable  duly  to  consider  such  resolution,  then 
the  time  within  which  such  resolution  may  be  vetoed  by  the 
Mayor  shall  be  extended  for  ten  days  more.    Said  Special  Water 


496  Laws  Relating  to  the 

Commission  may  accept  any  bid  or  bids  tlu'U  made  and  cntor  into 
proper  contract  or  contracts  witli  sucli  bidders  for  tlie  doin^  of 
tlie  work,  or  may  again  advertise  for  new  bids  and  enter  into 
contracts  under  sucli  new  bids;  provided,  liowevi'r,  that  no  con- 
tract shall  be  made  for  the  whole  or  any  part  of  any  work  the 
cost  of  the  entire  and  complete  performance  and  execution  of 
which,  including  all  incidental  damages  and  lialnlities  connected 
therewith,  shall  exceed  one  million  and  two  hundred  thousand 
dollars.  Such  bonds  shall  be  required  of  the  contractors  for 
such  work  as  in  the  judgment  of  said  Special  Water  Commission 
shall  be  proper.  Said  Special  Water  Commission  is  autliorized 
to  employ  a  proper  person  to  superintend  the  said  work  and  such 
assistance  as  may  in  its  judgment  be  necessary,  and  to  make 
any  other  expenditures  necessary  and  proper  in  the  supervision 
and  prosecution  tliereof.  And  said  works  wlien  fully  completed 
shall  be  surrendered  and  possession  thereof  sliall  be  given  to  the 
Board  of  Water  Commissioners  of  said  city,  who  shall  tliereafter 
have  the  same  jurisdiction  and  control  over  the  same  as  over  the 
present  existing  water-works  of  said  city. 

Expenses,  how  to  be  paid. — Bonds  to  issue  to  provide  means 
for  erection  of  new  works. 
§  3.  All  expenses  incurred  under  the  provisions  of  this  act  shall 
be  paid  by  the  Chamberlain  of  the  city  of  Albany  upon  the  pre- 
sentation of  the  bills  therefor  accompanied  by  the  wari'ant  of 
the  Special  AVater  Commission,  stating  the  name  of  the  claimant 
and  the  amount  of  the  claim,  and  directing  the  payment  thereof, 
which  warrant  sliall  be  signed  by  the  secretai-y  of  the  commis- 
sion, and  when  it  shall  direct  the  payment  of  more  than  two 
hundred  and  tifty  dollars,  shall  be  also  countersigned  by  the 
president  tliereof.  The  money  required  to  meet  and  pay  said 
warrants  shall,  to  the  extent  of  the  expenditure  for  the  inquiry 
and  investigation  to  be  made  as  to  a  new  available  supply,  or  the 
improvement  or  purification  of  the  present  supply  of  said  city, 
be  paid  out  of  the  moneys  in  the  Chamberlain's  hands  collected 
from  city  water-rates;  the  money  to  be  paid  for  the  erection  or 
building  of  any  new  work  or  works  intended  to  improve  the 
character  of  or  purify  the  present  water  supply,  shall  be  provided 
by  the  issuing  of  bonds  of  the  city  of  Albany,  in  the  manner  and 
form  hereinafter  more  particularly  described  and  provided  for, 
which  bonds  shall  be  issvied  under  requisitions  upon  the  Common 


City  of  Albany.  497 

Council  of  said  city,  to  be  signed  by  tlie  members  of  said  Special 
Water  Commission,  or  a  majority  tlaereof,  and  it  sliall  be  tlie  duty 
of  the  said  Common  Council,  whenever  such  requisition  shall 
from  time  to  time  be  made  upon  it  under  the  provisions  of  this 
act,  to  cause  the  said  bonds  to  be  issued,  provided  that  the  total 
amount  thereof  shall  not  exceed  the  sum  of  one  million  and  two 
hundred  thousand  dollars. 

Majority  to  decide.— Three-fourths  to  sign  report.— Written 
minutes  to  be  kept. 
§  4.  All  questions  and  matters  arising  before  such  Special 
Water  Commission  shall  be  decided  by  the  majority  of  the  mem- 
bers thereof,  except  that  the  report  to  the  Common  Council  above 
mentioned  shall  not  be  made  or  acted  upon  in  any  manner  by 
said  Common  Council,  or  be  deemed  or  considered  a  report  under 
the  provisions  or  within  the  meaning  and  intent  of  this  act, 
unless  the  same  shall  be  signed  and  approved  by  at  least  three- 
fourths  of  the  said  Special  Water  Commissioners.  Written 
minutes  shall  be  kept  of  the  proceedings  taken  and  action  had 
at  the  meetings  of  said  Special  Water  Commission,  and  the  votes 
upon  all  questions  involving  or  directing  an  expenditure  of  money 
shall  be  taken  by  ayes  and  noes,  which  shall  be  entered,  with  the 
names  of  those  voting,  in  said  minutes,  and  shall  not  be  valid 
unless  so  taken. 

Board  of  Water  Commissioners  not  to  take  action  under  law 
referred  to. — Partial  report  and  action  thereon. 
§  5.  Except  as  hereinafter  provided,  the  Board  of  Water  Com- 
missioners of  the  city  of  Albany  are  forbidden  to  take  any  pro- 
ceedings under,  or  to  take  any  steps  to  carry  into  effect  the 
provisions  of  an  act  entitled  "An  act  in  addition  to  and  amenda- 
tory of  the  several  acts  relating  to  a  supply  of  water  in  the  city 
of  Albany,"  passed  May  twelve,  eighteen  hundred  and  eighty- 
four,  and  known  as  chapter  two  hundred  and  seventy-six  of  the 
Laws  of  eighteen  hundred  and  eighty-four.  The  Special  Water 
Commission  hereby  created  may  at  any  time  within  the  limita- 
tions of  this  act,  make  a  partial  report  with  recommendations. 
Upon  such  report  and  upon  its  approval  by  the  Common  Council, 
and  by  the  Mayor  of  the  city  of  Albany,  such  action  may  be 
taken  by  the  present  Water  Commissioners  of  the  city  of  Albany, 
either  as  provided  for  and  authorized  by  this  act,  or  by  chapter 

32 


498  Laws  Relating  to  the 

two  hundred  and  seventy-six  of  the  Laws  of  eif-liteeu  luiudri'd 
and  eighty-four,  the  title  of  which  chapter  is  mentioned  in  this 
section,  in  conformity  witli  sncli  partial  report  and  recommenda- 
tions of  said  Special  Water  Commission,  but  not  otherwise. 

Within  what  time  report  to  be  made.— When  Board  of  Water 
Commissioners  may  proceed  under  act  referred  to,  etc. 
§  6.  If  no  report  shall  be  made  to  said  Common  Council  witliin 
said  six  months  by  said  Special  Water  Commission,  or  if  the 
report  made  shall  not  recommend  any  new  or  different  source  of 
supply  of  water  for  the  city  of  Albany,  or  shall  recommend  a 
method  of  improving  the  character  of  or  purifying  the  present 
water  supply  of  said  city,  or  if  any  report  shall  not  be  approved 
by  the  Common  Council  and  Mayor  as  above  stated,  then  the 
said  Board  of  Water  Commissioners  of  said  city  shall  proceed  to 
carry  out  the  provisions  of  said  chapter  two  hundred  and 
seventy-six  of  the  Laws  of  eighteen  hundred  and  eighty-four; 
provided,  however,  that  the  requisition  for  the  issue  of  bonds 
heretofore  made  upon  the  Common  Council  by  the  Board  of 
Water  Commissioners  under  said  act,  chapter  two  hundred  and 
seventy-six  of  the  Laws  of  eighteen  hundred  and  eiglity-four, 
shall  be  of  no  validity  or  effect,  but  said  Board  of  Water  Commis- 
sioners, subject  to  the  stay  and  suspension  of  action  on  its  part 
imposed  by  the  preceding  provisions  of  this  act,  is  authorized 
and  empowered  to  hereafter  make  from  time  to  time  requisitions 
upon  the  Common  Council  of  the  city  of  Albany  for  the  issue  of 
the  bonds  specified  in  said  act  of  eighteen  hundred  and  eighty- 
four,  or  of  so  many  of  them  as  may  from  time  to  time  be  required 
to  raise  money  to  make  such  payments  as  may  be  necessary  and 
proper  under  said  act  of  eighteen  hundred  and  eighty-four,  and 
the  Common  Council  shall  from  time  to  time  cause  the  bonds  for 
which  such  requisitions  shall  be  made  to  be  issxied. 

Rate  of  interest,  sale  of  lands,  etc. — Water  rates. 

§  7.  All  loans  contracted  or  made  by  the  issuing  of  bonds  under 
the  provisions  of  this  act,  or  under  the  said  act  chapter  two  hun- 
dred and  seventy-six  of  the  Laws  of  eighteen  hundred  and 
eighty-four,  shall  bear  interest  at  the  rate  of  four  per  cent  per 
annum,  payalile  semi-annually,  and  be  sold,  after  ten  days'  public 
notice  in  the  city  newspapers  of  the  time  and  place  of  sale 
tliereof,  for  not  less  tlian  par.     They  shall  bo  so  made  payable 


City  of  Albany.  499 

tliMl  livt'  per  vvnl  of  tlu'  principal  of  the  eiitiri'  loan  shall  be  and 
become  due  in  coutiuuous  annual  payments,  the  first  of  which 
payment  shall  become  due  ou  the  first  day  of  February,  after 
the  issuing  of  the  first  requisition.  The  bonds  issued  under  the 
first  requisition  shall  be  those  first  to  fall  due,  and  in  like  manner 
under  each  sul)sequent  requisition.  It  shall  be  the  duty  of  the 
Board  of  Water  Commissionei-s  of  the  city  of  Albany  to  so  fix  and 
regulate  the  charges  for  water  therein  as  to  collect  suflScient 
money  to  meet  and  pay  at  maturity  the  bonds  issued  under  the 
provisions  of  this  act  or  the  said  act  of  eighteen  hundred  and 
eighty-four,  in  addition  to  the  amount  which  it  shall  be  necessary 
to  i-aise  to  pay  any  l)onds  falling  due  of  the  existing  water  debt. 
The  scale  of  water  rates  established  by  said  Board  of  Water 
Commissioners  shall  be  general  and  uniform,  and  shall  be  annu- 
ally reported  in  detail  in  the  report  of  said  board  to  the  Common 
Council,  which  said  report  shall  also  contain  a  full  statement  of 
all  moneys  collected  by  water  rates,  whether  general  or  special, 
and  of  the  disposition  thereof,  and  a  balance  sheet  showing  the 
receipts  and  disbursements  of  the  funds,  and  the  present  condi- 
tion thereof,  the  account  of  the  sinking  fund,  the  receipts  and 
disbursements  thereof,  and  in  detail  the  investments  or  cash,  if 
any.  lield  therefor. 

Title  to  lands  to  be  acquired. 

§  8.  If  it  shall,  in  the  judgment  of  the  Special  Water  Commis- 
sioners, become  necessary,  for  the  purpose  of  carrying  out  the 
provisions  of  this  act,  to  acquire  the  title  to  any  land  or  to  con- 
demn or  pay  for  any  rights,  easements  or  other  property,  and  the 
Special  Water  Commission  shall  not  be  able  to  agree  with  the 
owners  thereof  as  to  the  compensation  to  be  paid  thei-efor,  or 
such  owners  shall  be  unknown,  the  said  Special  Water  Commis- 
sion shall  have  the  right  to  acquire  the  title  to,  and  the  use  of 
the  same  by  proceedings  conducted  in  the  name  of  the  city  of 
Albany,  under  and  pursuant  to  the  provisions  of  the  act  entitled 
"An  act  to  authorize  the  formation  of  railroad  companies,  and  to 
regulate  the  same,"  passed  April  second,  eighteen  hundred  and 
fifty,  and  the  several  acts  amendatory  thereof.  All  property 
acciuired  or  taken  under  the  provisions  of  this  act  shall  be  taken 
and  acquired  in  tlie  name  of  tlie  city  of  Albany  and  sliall  be 
owned  l)v  said  citv  of  Albany. 


500  Laws  Relating  to  the 

Duplicate  parts  of  pumping  engines  to  be  purcliased. 

§  9.  Said  Board  of  Water  Commissioners  is  hereby  directed  to 
purchase  duplicate  parts  of  such  portions  of  the  present  pumping 
engines  as  are  most  liable  to  accident  or  injury. 

§  10.  This  act  shall  take  effect  immediately. 


CHAPTER  212. 

An  Act  modifying  and  amending  chapter  three  hundi'ed  and  six 
of  the  Laws  of  eighteen  liundred  and  eighty-five,  entitled  "An 
act  relating  to  the  further  supply  of  pure  and  wholesome  water 
for  the  city  of  Albany,  aud  modifying  and  amending  parts  of 
chapter  two  liundred  aud  seventy-six  of  the  Laws  of  eighteen 
hundred  and  eighty-four,  entitled  'An  act  in  addition  to  and 
amendatory  of  the  several  acts  relating  to  a  supply  of  water 
in  the  city  of  Albany.'  " 

Passed  April  26,  1887;    three-fifths  being  present. 

The  People  of  the  State  o_f  New  York,  represented  in  Senate  and  Assem- 
bly, do  enact  as  follows: 

Modification  of  plans,  to  be  approved  by  Common  Council. — 
Limitation  of  expense. 
Section  1.  If  the  Special  Water  Commission  appointed  by  and 
under  chapter  three  hundred  and  six  of  the  Laws  of  eighteen 
hundred  and  eighty-five,  entitled  "An  act  relating  to  the  further 
supply  of  pure  and  wholesome  water  for  the  city  of  Albany,  and 
modifying  and  amending  parts  of  chapter  two  hundred  and 
seventy-six  of  the  Laws  of  eighteen  hundred  and  eighty-four, 
entitled  'An  act  in  addition  to  and  amendatory  of  the  several 
acts  i-elating  to  a  supply  of  water  in  the  city  of  Albany,'  "  shall 
at  any  time,  before  the  completion  of  the  work  provided  for  by 
said  act,  deem  it  advisable,  and  for  the  best  Interests  of  the  city 
of  Albany,  to  change  or  modify  the  plan  proposed  by  said  com- 
mission and  approved  by  the  Common  Council  of  said  city,  as 
prescribed  by  section  two  of  said  act,  they  shall  make  a  report  to 
the  Common  Council,  specifying  the  changes  or  modifications 
proposed,  and  in  case  the  same  be  approved  of  by  resolution  of 
the  Common  Council,  the  work  may  be  thereafter  prosecuted  and 
completed  in  accordance  with  the  plan  as  so  changed  or  modified; 
provided,  however,  that  the  whole  expense  of  the  work,  including 
any  and  all  modifications  and  changes  so  made,  shall  not  exceed 


CiTT  OF  Albany.  501 

the  sum  specified  in  and  limited  by  said  act,  namely,  the  sum  of 
one  million  two  hundred  thousand  dollai'S. 

Bight  of  Water  Commission  to  contract  without  advertising. 
§  2.  In  case  the  original  plan  proposed  by  said  commission  and 
approved  by  the  Common  Council,  or  in  case  the  plan  as  modified 
or  changed  as  provided  for  in  section  one  of  this  act,  shall 
embrace  or  require  for  its  successful  execution  any  patented 
inventions  or  improvement,  the  said  Special  Water  Commission 
are  hereby  authorized  to  contract  for  the  work,  or  any  part  or 
portion  thereof,  as  they  deem  advisable,  without  advertising  for 
proposals  as  required  by  section  two  of  said  act,  chapter  three 
hundred  and  six  of  the  Laws  of  eighteen  hundred  and  eighty-five. 

Purchase  of  pumping  engines. — Erection  of  boiler-house. — 
Employment  of  engineers,  etc. — Limitation  of  cost  thereof. 
Issue  of  city  bonds  to  meet  cost. — Avails,  liow  disbursed. — 
Water  rates  to  be  applied  in  paying  bonds,  etc. — Bonds, 
when  payable. — Bate  of  interest. 
§  3.  The  Water  Commissioners  of  the  city  of  Albany  are  hereby 
authorized  to  purchase  a  pumping  engine  or  engines  of  sufficient 
power  and  capacity  to  pump  at  least  fifteen  millions  of  gallons 
of  water  evei"j'  day  of  twentj'-four  hours,  with  boilers  and  all 
necessary  appurtenances;  also  to  purchase  the  necessary  land 
and  to  erect  thereon  a  suitable  building  or  buildings  in  which  to 
place  said  engine  and  boilers  for  the  purpose  of  pumping  water 
for  the  use  of  the  city  and  in  order  to  maintain  a  full  and  ade- 
quate supply;  and  also  shall  have  power  to  employ  such  engi- 
neers, surveyors  and  other  assistants  as  may  be  necessary  in  the 
prosecution  of  said  work.  Provided,  however,  that  the  whole 
cost  and  expense  of  said  work  shall  not  exceed  the  sum  of  two 
hundred  and  fiftj-  thousand  dollars;  and  for  the  purpose  of  pay- 
ing for  the  expenditure  thus  incurred,  the  said  Water  Commis- 
sioners are  hereby  authorized  to  make  requisition  upon  the 
Board  of  Finance  of  said  city  from  time  to  time,  specifying  the 
amount  required,  and  said  Board  of  Finance  are  hereby  author- 
ized and  required  to  raise  the  amount  of  each  requisition  by  a 
sale  at  public  auction,  by  the  Chamberlain,  of  bonds  of  the  city 
of  Albany;  such  bonds,  however,  shall  not  be  sold  at  less  than 
their  par  value,  and  the  aggregate  amount  of  said  bonds  shall 
not  exceed  said  sum  of  two  hundred  and  fifty  thousand  dollars. 
The  moneys  raised  by  the  sale  of  bonds  shall  be  paid  into  the 


502  Laws  Bt' la  ting  to  the 

city  treasury,  and  shall  be  disbursed  by  the  Chamberlain  upon 
presentation  of  bills  audited  by  the  Water  Commissioners,  and 
Mceompauied  by  their  warrant  directing  the  payment  thereof.  It 
sliall  be  the  duty  of  said  Water  Conmiissioners  to  so  fix  and 
regulate  the  charges  for  water  in  said  city  as  to  collect  sufficient 
money  to  meet  and  pay  at  maturity  the  bonds  so  issued,  together 
with  the  interest  thereon,  in  addition  to  the  amount  already 
chargeable  upon  and  payable  out  of  the  money  so  collected.  The 
principal  of  all  bonds  issued  to  pay  for  the  work  refen-ed  to  or 
authorized  by  this  act,  shall,  each  issue  thereof,  be  made  payable 
in  nineteen  consecutive  annual  payments,  as  nearly  equal  in 
amount  as  possible;  the  first  of  which  payments  shall  be  pro- 
vided to  be  made  at  the  end  of  one  year  from  and  after  the  date 
of  issue  of  such  bonds.  The  bonds  shall  bear  such  rate  of 
interest,  not  to  exceed  thr<^e  and  one-half  ])er  centum  per  annum, 
as  tlie  commission  directing  their  issue  shall  autliorize. 

Location  of  engine,  decision  as  to. 

S  4.  In  case  any  difference  of  opinion  shall  arise  between  the 
Special  Water  Commission  and  the  Water  Commissioners  of  the 
said  city,  as  to  the  location  of  the  engine  herein  provided  for,  or 
in  regard  to  any  other  matter,  such  matters  in  difference  shall 
be  submitted  to  the  joint  Water  Board  or  Commissioners, 
together  with  the  Mayor  and  the  President  of  the  Common  Coun- 
cil and  the  City  Engineer  and  Surveyor,  and  the  decision  of  the 
said  board  so  constituted  shall  be  final  and  conclusive. 

§  5.  This  act  shall  take  effect  immediately. 


CHAPTER  304. 
An  Act  to  provide  for  the  appointment  of  a  Board  of  Water  Com- 
missioners for  the  city  of  Albany. 

Approved  by  the  Governor  April  14,   1S92.     Passed,   three-fifths  being 
present. 

7/tP   People  oj   the  State  of   New    York,    represented  in   Senate  and 
Assemhiy,  do  enact  as  follows: 

Appointment  of  Board  of  Water  Commissioners. — Organization. 
— Superintendent. — Clerical  assistance. — Additional  assist- 
ance. 

Section  1.  Tlie  :\Iayor  of  the  city  of  Albany  shall  by  a  designa- 
tion in  wi-iting,  to  be  filed  with  tlie  Clerk  of  the  Common  Council 


City  of  Albany.  503 

of  said  city,  appoint  within  tliirty  days  from  and  after  tlie  pas- 
sage of  this  act,  seven  citizens,  residents  of  Albany,  who  shall 
constitute  the  "  Board  of  Water  Commissioners  of  the  city  of 
Albany,"  who  shall  serve  without  comi>ensation  and  shall  have 
and  exercise  all  the  powers  which  are  now  or  heretofore  have 
been  possessed  or  exercised  by  the  board  heretofore  known  as 
the  "  Water  Commissioners  of  the  city  of  Albany."  Said  Board 
of  Water  Commissioners  of  the  city  of  Albany  shall  meet  when 
notified  of  their  appointment,  at  a  time  and  place  to  be  desig- 
nated by  the  Mayor  and  shall  elect  from  their  own  number  a 
President  of  said  board.  They  shall  also  elect  a  Superintendent 
who  shall  not  be  a  commissioner,  and  who  shall  also  act  as  Secre- 
tary of  said  board,  who  shall  hold  his  office  during  the  pleasure 
of  such  board  and  shall  receive  a  salary  to  be  fixed  by  said  board 
not  to  exceed,  however,  the  sum  of  three  thousand  dollars  per 
annum,  and  who  shall  under  the  supei-vision  and  direction  of 
said  board  devote  his  whole  time  and  services  to  the  care,  con- 
struction and  management  of  the  water- works  of  said  city,  and 
perform  the  executive  duties  involved  in  the  furnishing,  mainte- 
nance and  care  of  the  water  supply  thereof.  Said  Superintendent 
is  hereby  authorized  and  empowered  to  employ  such  clerical 
assistance  as  he  may  require  in  the  discharge  of  the  duties  of  his 
said  office  at  an  expenditure  not  to  exceed  twenty-five  hundred 
dollars,  to  be  paid  by  the  Chamberlain  of  said  city  out  of  moneys 
in  his  custody  accruing  from  the  water  rates  imposed  by  said 
board.  Said  board  is  also  hereby  authorized  to  emploj'  such 
additional  assistance  as  shall  be  necessary  in  its  judgment  to 
maintain  the  water-works  under  its  charge  for  the  purpose  of 
furnishing  such  water  supply. 

Terms  of  office  of  members  of  board. — Annual  appointment  of 
com.niissioner. — Vacancies. — Term  of  present  board  and 
special  commission. 

§  2.  The  respective  terms  of  office  of  the  members  of  the  Board 
of  Water  Commissioners  so  appointed  as  aforesaid,  shall  be  as 
follows:  One  commissioner  to  hold  office  until  the  first  day  of 
May,  eighteen  hundred  and  ninety-three;  one  conmiissioner  to 
hold  office  until  the  first  day  of  May,  eighteen  hundred  and 
ninety-four;  one  commissioner  to  hold  office  until  the  first  day  of 
May.  eighteen  hundred  and  ninety-five;  one  commissioner  to  hold 
office  until  the  first  daj'  of  May,  eighteen  hundred  and  ninety- 


504  Laws  Relating  to  the 

six;  oiie  commissioner  to  bold  office  uutil  the  first  day  of  May, 
eigliteen  liuiidred  and  uiuety-seven;  one  commissioner  to  bold 
office  uutil  the  lirst  day  of  May,  eigbteeu  hundred  and  uiuety- 
eigbt,  and  oue  commissioner  to  hold  office  until  the  first  day  of 
May,  eighteen  hundred  and  ninety-nine.  On  the  first  day  of  May, 
eighteen  hundred  and  ninety-three,  or  within  ten  days  thereafter, 
and  on  the  first  day  of  May  or  within  ten  days  thereafter  in  each 
succeeding  year,  the  Mayor  shall  appoint  oue  citizen  of  the  city 
of  Albany  to  be  a  member  of  said  Board  of  Water  Commissioners 
of  the  city  of  Albany,  to  take  the  place  of  the  commissioner 
whose  term  shall  expire  as  hereinbefore  provided,  and  such 
appointee  shall  hold  otHce  for  a  period  of  seven  years  and  until 
his  successor  shall  be  appointed.  Any  vacancy  which  may  occur 
in  said  Board  of  Water  Commissioners  through  death,  resigna- 
tion, removal  from  the  city  or  otherwise,  shall  be  filled  by  the 
appointment  of  a  successor  for  the  unexpired  term  of  such  mem- 
ber, by  the  Mayor,  in  the  same  manner  as  the  original  appoint- 
ment hereinbefore  provided.  The  term  of  office  of  the  present 
Water  Commissioners  of  the  city  of  Albany  and  the  Special 
Water  Commission  of  the  city  of  Albany  shall  end,  and  their 
official  functions  cease,  and  such  board  and  commission  shall  be 
abolished  immediately  after  the  appointment  of  the  said  Board 
of  Water  Commissioners  of  the  city  of  Albany  as  aforesaid. 

Powers  vested  in  board. — Transfer  of  records  and  property  to 
board. 

§  3.  Immediately  upon  the  organization  of  the  Board  of  Water 
Commissioners  appointed  under  the  first  section  of  this  act,  the 
powers  now  or  heretofore  possessed  by  the  said  Water  Commis- 
sioners of  the  city  of  Albany  and  the  Special  Water  Commission 
of  the  city  of  Albany,  shall  vest  in  and  shall  thereafter  be  exer- 
cised by  the  Board  of  Water  Commissioners  of  the  city  of  Albany 
created  by  the  first  section  of  this  act;  and  all  maps,  records  and 
other  property,  both  real  and  personal,  belonging  to  the  city  of 
Albany  that  may  be  now  in  the  possession  or  custody  or  under 
the  control  or  management  of  either  the  said  Water  Commis- 
sioners of  the  city  of  Albany  or  said  Special  Water  Commission 
of  the  city  of  Albany,  or  any  of  the  officers  or  employes  thereof, 
shall  be  immediately  after  said  organization  as  aforesaid  has 
been  affected,*  transferred  to  and  be  regarded  as  in  the  posses- 


*So  in  the  original. 


City  of  Albany.  505 

siou,  control  aud  inauagemeut  of  the  Board  of  Water  Commis- 
sioners of  the  city  of  Albany,  hereby  and  hereinliefore  created. 

Improvement  of  water  supply.— Reports  to   Council. 

§  4.  It  shall  be  the  duty  of  the  said  Board  of  Water  Commis- 
sioners of  the  city  of  Albany  to  examine  aud  consider  all  matters 
relating  to  the  improvement  of  the  quality  aud  quantity  of  the 
present  water  supply,  and  also  if  it  deems  it  necessary  so  to  do 
the  procuring  of  an  additional  supply  of  pure  and  wholesome 
water  for  said  city.  Said  board  shall  from  time  to  time  adopt 
such  plans  as  in  its  opinion  may  be  most  feasible  for  improving 
the  supply  of  water  now  in  use  aud  procuring  such  additional 
supply  of  water,  and  shall  ascertain  the  probable  amount  of 
money  necessary  to  carry  the  same  into  effect  and  after  so  doing 
it  shall  make  from  time  to  time  reports  to  the  Common  Council 
of  said  city  which  shall  contain  as  fully  as  practicable  the  results 
of  the  investigations  aud  inquiries  of  said  board  in  the  premises, 
a  description  in  detail  of  any  plan  adopted  or  proposed  by  said 
board,  and  an  estimate  of  the  expense  thereof,  with  the  reasons 
for  its  adoption  and  detailed  statements  as  far  as  practicable  of 
said  estimates  of  cost. 

Issue  of  bonds  upon  ratification  of  reports.— Requisitions  for 
issue.— Interest. — Bonds,     when     payable. — Regulation     of 
rates  to  meet  bonds.— Scale  of  water  rates.— Annual  report 
to  Council. — Prevention  of  waste  of  water. 
§  5.  If  any  report  described  in  the  last  section  shall  be  ratified 
by  the  said  Common  Council  by  a  resolution  duly  adopted  by  a 
vote  of  two-thirds  of  all  the  members  elected  thereto,  which  reso- 
lution shall  take  effect  only  in  the  same  manner  as  other  resolu- 
tions of  said  Common  Council  and  not  otherv\'ise,  then  it  shall  be 
lawful  for  said  Common  Council  to  raise  by  loan  from  time  to 
time  as  the  same  rnay  be  required  by  the  said  Board  of  Water 
Commissioners  a  sum  not  to  exceed  in  the  aggregate  five  hundred 
thousand  dollars  by  the  issuing  of  bonds  under  the  provisions  of 
this  act;    provided,  however,  that  the  requisition  for  the  issue 
of  bonds  heretofore  or  that  may  hereafter  be  made  upon  the 
Common  Council  by  the  Water  Commissioners  of  the  city  of 
Albany,  under  and  by  virtue  of  chapter  two  hundred  and  seventy- 
six  of  the  Laws  of  eighteen  hundred  and  eighty-four  shall  be  of  no 
validitv  or  effect.    All  bonds  hereafter  issued  under  the  provisions 


506  Laws  Relating  to  the 

of  this  act  as  aforesaid  shall  bear  interest  at  a  rate  to  be  fixed 
bj-  the  Board  of  Fiuauce  of  the  city  of  Albany,  not  exceeding, 
however,  five  per  centum  per  annum,  payable  semi-annually  and 
which  said  bonds  shall  be  sold  after  ten  days'  public  notice  in 
the  official  newspapers  of  said  city,  stating  the  time  and  place 
of  such  sale,  for  not  less  than  par.  They  shall  be  so  made  payable 
that  five  per  centum  of  the  principal  of  the  entire  loan  shall  be 
and  become  due  in  continuous  annual  payments,  the  first  of  which 
payments  shall  become  due  on  the  first  day  of  February  after 
the  issuing  of  the  first  requisition.  The  bonds  issued  under  the 
first  requisition  shall  be  those  first  to  fall  due,  and  in  like  manner 
under  each  subsequent  requisition.  It  shall  be  the  duty  of  the 
said  Board  of  Water  Commissioners  of  the  city  of  Albany  to  so 
fix  and  regulate  the  charges  for  water  therein  as  to  collect 
sufficient  money  to  meet  and  pay  at  maturity  the  bonds  issued 
under  the  provisions  of  this  act,  in  addition  to  the  amount  which 
it  shall  be  necessary  to  raise  to  pay  any  bonds  falling  due  of  the 
existing  water  debt.  The  scale  of  water  rates  established  by  said 
board  shall  be  general  and  uniform,  and  shall  be  annually 
reported  in  detail  in  the  report  of  said  board  to  the  Common 
Council,  which  said  report  shall  also  contain  a  full  statement  of  all 
moneys  collected  by  water  rates,  whetiier  general  or  special,  and 
the  disposition  thereof,  and  a  balance  sheet  showing  the  receipts 
and  disbursements  of  the  funds  and  the  present  condition  thereof; 
an  account  of  the  sinking  fund  and  receipts  and  disbursements 
thereof,  and  in  detail  the  investments  or  cash,  if  any  held  there- 
for, but  no  report,  which  shall  he  submitted  as  hereinbefore  pro- 
vided to  the  Common  Council,  shall  be  acted  upon  by  that  body 
until  after  it  shall  have  been  referred  to  the  committee  of  the 
board  and  a  hearing  shall  be  had  before  such  committee  of  any 
person  or  persons  desiring  to  be  heard  and  no  such  report  shall 
be  finally  acted  iipon  by  the  Common  Council,  except  in  case  of 
accident  or  emex-geucy  until  at  least  two  weeks  shall  have  elapsed 
after  said  report  shall  have  been  submitted  to  that  body.  It  shall 
be  the  duty  of  said  board  to  take  such  action  as  may  be  prac- 
ticable to  prevent  the  waste  of  the  city  water  by  consumers 
thereof  and  it  or  its  duly  authorized  agents  or  servants  shall  have 
the  power  and  authority  to  inspect  the  plumbing  and  manner  of 
use  of  the  city  water  in  any  building  or  place  to  which  it  shall  be 
supiilied  from  the  city  mains. 


City  of  Albany.  507 

Application  of  moneys  raised. 

§  6.  All  moneys  authorized  to  be  raised  by  virtue  of  tliis  act  as 
aforesaid  shall  be  applied  by  the  said  Board  of  Water  Commis- 
sioners in  the  manner  now  provided  by  law  for  the  purpose  of 
improving  the  character  of  and  purifying  the  present  water  sup- 
•ply,  and  procuring  an  additional  supply  of  pure  wholesome  water 
for  said  city,  in  accordance  with  the  recommendations  of  said 
Board  of  Water  Commissioners  as  contained  in  its  said  report  and 
as  approved  and  ratified  by  the  Common  Council  by  resolution  as 
aforesaid,  and  if  deemed  necessary  by  said  Board  of  Water  Com- 
missioners for  the  extension  and  improvement  of  the  water- 
works of  said  city,  whenever  such  extension  or  improvement  is 
ratified  by  the  saitl  Common  Council,  and  approved  of  by  the  said 
jilayor.  and  for  no  other  purpose  or  piu'poses  whatever. 

Contracts  for  work  and  materials. — Expenses,  how  paid. — Pay- 
ments by  Chamberlain. — Clerical  assistants  for  Chamber- 
lain. 
§  7.  All  worJc,  labor  and  services  necessary  to  be  performed  and 
all  materials  necessary  to  be  furnished  under  the  provisions  of 
this  act,  including  all  ordinary  extensions  of  the  works  and  main- 
tenance of  the  same  as  they  now  exist,  involving  an  expenditure 
of  more  than  two  hundred  and  fifty  dollars  shall  be  performed 
and  furnished  under  the  direction  of  said  Board  of  Water  Com- 
missioners by  contract,  and  in  the  same  manner  as  contracts  are 
now  let  and  awarded  l)y  the  Board  of  Contract  and  Apportion- 
ment of  said  city,  according  to  law.  All  other  expenses  incurred 
under  the  provisions  of  this  act,  and  including  the  expenses  of 
maintenance  of  said  water-works  during  the  current  year,  shall 
be  paid  by  the  Chamberlain  of  the  city  of  Albany  upon  the 
presentation  of  the  bills  therefor,  stating  the  name  of  the  claim- 
ant and  the  amount  and  character  of  the  claim,  verified  by  the 
claimant  in  the  same  manner  as  is  now  required  by  law  of  persons 
Avho  may  present  claims  against  any  other  board,  commission  or 
department  of  said  city,  and  certified  by  the  President  and  Secre- 
tary of  said  Board  of  Water  Commissioners,  as  is  now  required 
by  other  city  officers,  boards,  commissions  and  departments, 
which  said  bill  shall  be  accompanied  by  the  warrant  of  the  Board 
of  Water  Commissioners  directing  such  payment.  All  payments 
to  be  made  for  the  discharge  and  satisfaction  of  any  and  all  such 
claims  shall  be  made  directly  by  the  Chamberlain  of  said  city 


508  Laws  li elating  to  tub! 

who  shall  also  receive  and  disburse  all  moneys  raised  by  loan 
or  otherwise  for  the  support  and  maintenance  of  the  water-works 
and  Avator  supplj'  of  said  city  hereinbefore  provided  for.  And 
for  such  purpose,  in  addition  to  the  assistance  now  furnislied  by 
law  to  said  Chamberlain;  in  the  discliarge  of  the  duties  of  his 
office  he  is  hereby  authorized  to  employ  such  additional  clerical 
assistants  as  to  him  may  seem  necess^xry  at  an  expense  not  to 
exceed  the  sum  of  fifteen  hundred  dollars  per  annum,  to  be  paid 
out  of  any  moneys  in  his  custody  credited  to  said  Board  of  Water 
Commissioners. 

Acts  repealed. 

§  8.  Section  four  of  chapter  forty-three  of  the  Laws  of  eighteen 
hundred  and  sixty-eight,  entitled  "An  act  to  provide  for  an 
additional  supply  of  water  in  the  city  of  Albany,"  as  amended  by 
cliapter  tlu'ee  hundred  and  twenty-eight  of  tlie  Laws  of  eighteen 
hundred  and  seventy-three,  and  as  further  amended  by  chapter 
one  hundred  and  six  of  tlie  Laws  of  eighteen  hundred  and 
seventy-six;  chapter  tAvo  hundred  and  seventy-six  of  tlie  Laws  of 
eighteen  hundred  and  eighty-four,  entitled  "An  act  in  addition  and 
amendatory  of  the  several  acts  relating  to  tlie  supply  of  water 
in  the  city  of  Albany,"  and  chapter  twenty-one  of  the  Laws  of 
eighteen  hundred  and  eighty-seven,  entitled  "An  act  to  amend 
chapter  two  hundred  and  tliirty-five  of  the  Laws  of  eighteen 
hundred  and  fifty,  entitled  'An  act  to  provide  for  a  supply  of 
water  in  the  city  of  Albany,'  "  are  hereby  repealed. 

§  9.  All  acts  or  parts  of  acts  inconsistent  with  any  of  tlie  pro- 
visions of  this  act  are  hereby  repealed. 

§  10.  This  act  shall  take  effect  immediately. 


City  ot  Albany.  509 


Title  X. 


MISCELLANEOUS     ACTS    KELATIXG     TO    THE 
CITY  OF  ALBANY. 


CHAPTER  121,  LAWS  OF  1851. 

Au  Act  to  amend  an  act,  entitled  "An  act  relating  to  sales  by 

auction  in  tlie  city  6f  Albany,"  passed  March  16,  1851. 

Paesed  April  10,  1851. 

The  People  of  the  State  of  New  York,  represented  in  Senate  and 
Assembly,  do  enact  as  follows : 

Section  1.  The  first  section  of  the  act,  entitled  "An  act  relating 
to  sales  by  auction  in  the  city  of  Albany,"  passed  Marcli  16,  1851, 
is  hereby  amended  so  as  to  read  as  follows: 

Section  1.  Section  thirty-eight  of  chapter  seventeen,  title  one, 
part  one  of  Revised  Statutes,  is  hereby  extended  to  the  city  of 
Albany. 

§  2.  This  act  shall  take  effect  immediatelj'. 


CHAPTER  17,  TITLE  1,  PART  1. 
Section  38.  All  sales  of  goods,  by  public  auction,  in  the  city  of 
NcAV  Yorli,  by  an  auctioneei',  shall  be  made  in  the  day  time, 
between  sunrise  and  sunset,  excepting, 

1.  Books  or  prints; 

2.  Goods  sold  in  the  original  package  as  imported,  according 
to  a  printed  catalogue,  of  Avhich  samples  have  been  open  and 
exposed  to  public  inspection,  at  least  one  day  previous  to  the  sale. 

Every  auctioneer  who  shall  violate  the  provisions  of  this  section 
shall  be  deemed  guilty  of  a  misdemeanor  and  on  conviction  shall 
forfeit  his  appointment. 


510  Laws  Relating  to  the 

CHAPTER  195. 

Au  Act  to  authorize  the  city  of  Albany  to  make  a  loau  to  the 
Albany  and  Susquehanna  Railroad  Company. 

Passed  April  10,  1852;    three-fifths  being  present. 

The  Peoj)le  of  the  State  of  New  York,  represented  in  Senate  and 
Assembly,  do  enact  asfoUotcs: 

Section  1.  It  shall  be  lawful  for  the  Mayor,  Aldermen  and  Com- 
monalty of  the  city  of  Albany  tx>  issue  bonds,  under  their  cor- 
porate seal,  to  the  amount  of  one  million  dollars,  and  to  loan  the 
same  to  the  Albany  and  Susquehanna  Railroad  Company;  the 
said  bonds  to  be  issued  in  sums  of  not  less  than  one  thousand 
dollars  each,  to  bear  interest  at  the  ivate  of  six  per  cent  per 
annum,  payable  semi-annually,  and  the  principal  reimbursable 
at  the  expiration  of  thirty  years  from  the  time  of  issuing  the 
same. 

§  2.  No  portion  of  the  above-recited  bonds  shall  be  issued  or 
loaned  to  said  company,  until  the  following  requirements  shall 
have  been  fully  carried  into  effect,  as  follows: 

First.  Satisfactory  evidence  to  be  furnished  to  the  Common 
Council  of  the  city,  tliat  tlie  route  of  the  road  for  its  entire 
length  and  depot  grounds  have  been  designated  and  purchased 
such  depot  grounds  in  Albany  to  be  within  that  portion  of  the 
corporate  limits  of  the  city  lying  south  of  Hamilton  street;  the 
passenger  depot  to  be  located  between  Gansevoort  and  Hamilton 
streets,  and  the  freight  depot  and  work  shops  between  Ferry  and 
Gansevoort  streets,  and  that  said  grounds  and  roadway  have  been 
paid  for  by  said  company  and  are  free  from  incumbrance,  so 
that  the  mortgage  shall  be  the  first  lien  thereon. 

Second.  The  like  evidence  to  be  furnished  that  the  company 
have  procured  by  subscription,  and  actually  expended  in  the  con- 
struction of  their  road  an  amount  equal  to  ten  thousand  dollai"s 
per  mile,  computing  the  entire  line  of  road  from  Albany  to 
Binghamtoii. 

Third.  The  like  evidence  to  be  furnished  that  the  net  avails 
of  the  bonds  herein  authorized  to  be  issued  by  the  city,  together 
with  the  aid  to  be  procured  on  the  bonds  of  the  company  will 
complete  the  road. 

Fourth.  To  execute  to  the  Mayor,  Aldermen  and  Commonalty 
of  the  city  of  Albany,  a  mortgage  on  their  real  estate,  road  and 
appurtenances  to  secure  the  payment  of  the  principal  and  interest 


City  of  Albany.  511 

of  the  bouds  of  the  city  herein  authorized  to  be  issued,  aud  also 
the  payment  to  the  trustees  of  the  sinking  fund  of  the  city  of 
Albany,  of  the  premiums  which  the  said  company  may  receive 
on  the  sale  of  said  bonds,  and  the  further  payment  to  the  said 
trustees  of  one  per  cent  per  annum  on  the  entire  loan  herein 
authorized. 

§  3.  Upon  the  production  to  and  the  acceptance  of  the  evidence, 
and  the  approval  of  the  mortgage  by  the  Common  Council,  as 
provided  for  in  the  preceding  section,  the  Mayor  of  the  city  shall 
execute  and  deliver  to  the  Albany  and  Susquehanna  Railroad 
Company  the  bonds  of  the  city,  as  authorized  by  the  first  section 
of  this  act.  The  said  bouds  shall  be  issued  as  the  same  may  from 
time  to  time  be  required  by  the  company,  but  no  issue  shall  a.t 
any  time  be  made  exceeding  the  sum  of  two  hundred  and  fifty 
tliousaud  dollars;  and  after  the  first  issue  of  bonds  shall  have 
been  delivered  to  the  company,  no  subsequent  issue  shall  be 
demanded  or  authorized  until  the  company  have  furnished  the 
same  evidence  as  required  by  the  second  section  of  this  act, 
that  they  have  procured  from  some  other  source  and  actually 
expended  in  the  construction  of  their  road  or  in  the  procurement 
of  eqiiipments  an  amoimt  equal  to  the  bonds  of  the  city  previously 
issued  and  delivered  to  said  company,  and  that  they  have 
expended  the  money  realized  on  the  sale  of  said  bonds  in  the 
completion  of  -the  road,  commencing  within  the  city  of  Albany, 
south  of  Hamilton  street. 

§  4.  The  bonds  of  the  city  herein  authorized  to  be  issued  may, 
at  any  time,  at  the  option  of  the  holder  be  converted  into  the 
stock  of  the  company,  and  when  so  converted  the  said  bonds 
shall  be  returned  to  the  Chamberlain,  of  the  city  of  Albany,  and 
by  him  be  duly  canceled. 

Investment  of  premium,  etc.,  in  certain  stocks  or  bonds. — Con- 
ditions of  certain  mortgage  loans. — Sinking  fund  consti- 
tuted. 

§  5.  The  moneys  which  the  trustees  of  the  sinking  fund  of  tlie 
city  of  Albany  shall  receive  from  premiums,  and  the  annual  per- 
centage recited  in  the  second  section  of  this  act,  sliall  be  by  them 
invested  in  stocks  or  bonds  of  the  United  States  or  the  State  of 
New  York,  bonds  of  the  city  and  county  of  Albany,  or  bonds  of 
any  other  inconwrated  city  in  the  State  of  New  York,  or  in  the 
first  consolidated   mortgage   bonds   of   the  Albany   and    Susque- 


512  Laws  E elating  to  the 

lianua  Railroad  Company,  or  loaned  on  bond  and  mortgage  on 
property  in  the  city  of  Albany  worth,  as  appears  upon  the  last 
preceding  assessment-rolls  of  the  city  of  Albany,  at  least  twice 
the  value  of  the  sum  loaned,  nor  shall  any  money  be  paid  by  the 
trustees  of  the  sinking  fund  to  any  person  procuring  any  such 
loan  until  an  abstract  of  title  shall  be  made  to  the  property  to  be 
mortgaged  and  there  shall  be  indorsed  thereon  a  certificate  of 
the  attorney  for  the  president,  managers  and  company  of  the 
Delaware  and  Hudson  Canal  Company  to  the  effect  that  the  title 
is  free  and  clear  from  all  incumbrances  or  other  lien  or  charge  of 
any  kind  other  than  that  of  the  mortgage  to  be  taken  by  said 
trustees  wliich  mortgage  shall  be  left  in  the  County  Clerk's  office 
for  record  and  be  entered  upon  such  abstract  before  the  money 
to  be  secured  tliereby  shall  be  paid  to  the  borrower,  and  shall 
constitute  a  sinking  fund  for  the  ultimate  payment  of  the  bonds 
of  the  city  herein  authorized  to  be  issued. 

(As  amended  by  chapter  481,  Laws  of  1888.) 

§  6.  The  directors  of  the  Albany  and  Susquehanna  Railroad 
Company  shall  be  at  liberty  to  issue  mortgage  bonds  of  the  com- 
pany to  the  amount  of  one  million  dollars,  which  shall  be  a  lien 
on  their  real  estate,  road  and  appurtenances,  equal  and  to  the 
same  extent  as  the  mortgage  executed  to  the  Mayor,  Aldenuen 
and  Commonalty  of  tlie  city  of  Albany. 

§  7.  The  evidence  required  by  the  second  and  third  sections 
of  this  act  shall  be  under  oath  and  when  accepted  and  approved 
be  placed  on  file  in  tlie  office  of  the  Chamberlain  of  the  city,  and 
the  resolution  or  evidence  of  acceptance  and  approval  be  recorded 
in  the  minutes  of  proceedings  of  the  Common  Council. 

§  8.  The  Common  Council  of  the  city  of  Albany  shall  after  the 
first  issue  of  bonds  herein  authorized,  appoint  one  director  of  the 
Albany  and  Susquehanna  Railroad  Company;  the  said  director 
shall  be  a  resident  of  the  city,  and  when  so  appointed  shall 
possess  all  the  powers  now  enjoyed  by  any  member  of  the  present 
board,  and  shall  hold  his  office  during  the  pleasure  of  the  Com- 
mon Council;  and  the  powers  of  appointment  hereby  conferred 
shall  continue  until  the  bonds  of  the  city  issued  to  said  company 
shall  have  been  fully  paid  and  satisfied. 

§  9.  This  act  shall  not  take  effect  until  it  shall  have  been  sub- 
mitted to  the  electors  of  the  city  of  Albany,  qualified  to  vote  at 
an  election  for  charter  officers  of  said  city,  at  a  special  election 
to  be  held  within  sixty  days  from  the  passage  of  this  act  for 


City  of  Albany.  513 

the  purpose  of  determiuing  whether  it  is  expedieut  for  the  Mayor, 
Alderuieu  aud  Commonalty  of  said  city  to  loan  their  coriwrate 
bonds   to   the   Albany  and   feusquehanua   Railroad   Company   as 
herein  provided.    The  inspectors  heretofore  chosen  in  the  seveml 
election  districts  of  said  city  shall  hold  said  special  election  and 
any  vacancy  which  may  exist  shall  be  filled  in  the  manner  now 
provided  by  law.    The  said  election  shall  be  conducted  in  the  same 
manner  as  charter  and  State  elections  are  conducted  in  said  city, 
aud  all  the  provisions  of  law  relative  to  the  same  are  hereby 
extended  to  and  made  applicable  to  said  election.    The  inspectors 
in  each  election  district  shall  provide  a  box  in  which  each  elector 
qualified  at  the  time  of  said  election  to  vote,  may  deiwsit  a  ballot 
on  which  shall  be  written  or  printed  the  words  "  for  the  railroad 
loan"  or  the  words  "against  the  railroad  loan;"  those  ballots 
on  which  shall  be  written  or  printed  the  wowls  "  for  the  railroad 
loan  "  shall  be  deemed  as  approving  of  this  act,  and  those  upon 
which  shall  be  written  or  printed  the  words  "  against  the  railroad 
law  "  shall  be  deemed  as  not  approving  of  it.    The  said  box  shall 
be  kept  open  for  the  reception  of  ballots  fi-om  nine  o'clock  in 
the  morning  until  four  o'clock  in  the  afternoon  and  the   said 
inspectors   shall,    immediately    thereafter,    canvass  the   ballots 
deposite{l  in  said  box,  and  certify  and  return  to  the  clerk  of  the 
Common  Council  of  said  city,  the  result  of  said  canvass  designa,t- 
ing  how  many  Ijallots  were  received  "  for  the  railroad  loan  "  and 
how  many  were  "  against  the  railroad  loan."     The  Mayor  and 
Clerk  of  the  Common  Council  of  said  city  shall  within  five  days 
after  said  returns  shall  have  been  made  as  herein  required,  pro- 
ceed to   canvass  the  same,   and  shall  make  and  return  to  the 
Common  Council  to  be  recorded  in  their  minutes  of  proceedings, 
a  certificate  setting  forth  the  aggregate  vote  cast  at  said  election, 
designating  the  number  given  "  for  the  railroad  loan  "  and  also 
the   number  given   "  against  the   railroad  loan "   and   that  this 
act  and  the  loan  therein  authorized  to  be  made  by  the  Mayor, 
Aldermen  and  Commonalty  of  said  city  to  the  Albany  and  Sus- 
quehanna Railroad  Company  has  been  approved  and  confinned, 
or  not  approved  and  rejected  as  the  case  may  be.  by  a  majority 
of  all  the  electors  who  have  voted  at  said  election.     The  time 
designated  for  the  aforesaid  election  shall  be  designated  by  the 
Common  Council  and  notice  thereof  published  in  the  city  papers, 
at  least  four  weeks  before  the  said  election  shall  be  held. 
§  10,  This  act  shall  take  effect  immediately. 
33 


514  La  ws  Relating  to  the 

CHAPTER  398. 

An  Act  to  extend  the  time  for  the  completion  of  tlie  Albany  and 
Susquehanna  liailroad  and  to  eomplj^  Avith  the  conditions  of 
the  act  authorizing  the  city  of  Albany  to  make  a  loan  to  said 
company. 

Passed  April  14,  1857;    three-fifths  being  present. 

The  People  of  the  State  of  New  York,  represented  in  Senate  and 
Assembly,  do  enact  as  follows: 

Section  1.  The  Albany  and  Susquehanna  Railroad  Company 
shall  have  four  years  in  addition  to  the  time  they  now  have  by 
law,  for  complying  with  the  provis-ions  of  the  forty-seventh  sec- 
tion of  "An  act  to  authorize  the  formation  of  railroad  coiiDor- 
ations  and  to  regulate  the  same,"  passed  April  second,  eighteen 
hundred  and  fifty;  and  the  time  is  also  extended  in  like  manner 
for  said  company  to  comply  with  the  conditions  specified  in  an 
act,  entitled  "An  act  to  authorize  the  city  of  Albany  to  make  a  loan 
to  the  Albany  and  Susquehanna  Railroad  Company,"  and  upon 
compliance  with  such  conditions  on  the  part  of  the  company 
within  such  extended  time  the  authorities  of  said  city  are  hereby 
authorized  and  required  to  execute,  issue  and  deliver  bonds,  to 
the  company  as  therein  contemplated  to  the  extent  and  in  the 
manner  specified  in  the  terms  of  said  act. 


CHAPTER   747. 

An  Act  to  extend  the  time  for  the  completion  of  the  Albany  and 
Susquehanna  Railroad,  and  to  amend  the  several  acts  author- 
izing town  subscriptions  to  the  capital  stock  of  the  same. 

Passed  April  24,  1867;    three-fifths  being-  present. 

"^The  People  of  the  State  of  New  York,  represented  in  Senate  and  Assem- 
bly, do  enact  as  follows  : 

Section  1.  The  time  for  the  completion  of  the  Albany  and  Sus- 
quehanna Railroad,  and  of  the  company  to  comply  with  the  con- 
ditions of  the  act  authorizing  the  city  of  Albany  to  make  a  loan 
to  said  company,  passed  April  tenth,  eighteen  hundred  and  fifty- 
two,  is  hereby  extended  three  years  in  addition  to  the  time  now 
allowed  by  law. 


City  of  Albany.  515 

CHAPTER  513  OF  THE  LAWS  OF  1875. 

Au  Act  to  abandon  the  further  use  by  the  people  of  the  State 
of  New  York,  of  the  buildings,  lands  and  improvements  in  the 
county  of  Albany  used  as  a  public  arsenal,  and  to  convey  said 
buildings  and  improvements  to  the  city  of  Albany. 

(  Passed  June  7,  1875.* 

The  People  of  the  State  of  New  York,  represented  in  Senate  and 
Assembly,  do  enact  as  follows  : 

Arsenal  abandoned. — Appraisal  and  sale  of  buildings,  etc. 

Section  1.  The  lands  and  premises  conveyed  to  the  people  of 
the  State  of  New  York  by  deed  of  Stephen  Van  Rensselaer,  pix)- 
prietor  of  the  manor  Rensselaenvyck,  dated  the  sixteenth  day  of 
August,  eighteen  hundred  and  eleven,  described  as  follows: 

All  that  certain  piece  or  parcel  of  land  situate,  Ij^ing  and  being 
in  the  town  of  Watervliet,  in  the  county  of  Albany,  beginning  at 
a  stake  near  the  old  Schenectady  road,  standing  at  the  distance  of 
thirteen  chains,  on  a  course  north  thirty-five  degrees  thirty  min- 
utes west,  from  the  ncjrth-west  corner  of  the  house  foiinerly 
occupied  by  John  Humphries  on  said  road,  and  iiins  thence  north 
tbirty-four  degrees  tliirty  minutes  west,  three  chains  thirtj'-three 
links,  then  north  fifty-five  degrees  thirty  minutes  east,  three 
chains  thirty-three  links;  thence  south  thirty-four  degrees  thirty- 
three  minutes  east,  three  chains  thiiity-thiiee  links;  thence  south 
fifty-five  degrees  thirty  minuites  west  three  chains  thirty-'three 
links  to  the  place  of  beginning,  containing  one  acre  of  land,  now 
used  as  a  pulilic  arsenal  by  the  people  of  the  State  of  New  York, 
is  hereby  abandoned,  and  shall  not  hereafter  be  used  for  the 
purpose  of  a  public  arsenal  for  the  use  of  the  people  of  the  State 
of  New  Y''ork;  and  the  commissiiouers  of  the  land  office  are  hereby 
authorized  and  directed  to  Ciiuse  the  buildings  and  improve- 
ments upon  said  lands  to  be  appraised  by  three  disinterested 
appraisers  to  be  appointed  by  them,  and  on  the  payment  by  the 
city  of  Albany  of  the  amount  of  such  appraisal  into  the  treasury 
of  the  State,  said  commissioners  shall  convey  all  the  said  build- 
ings and  improvements  upon  such  lands  to  the  city  of  Albany  for 
its  use  and  benefit,  to  be  removed  as  soon  as  praoticiable. 

§  2.  This  act  shall  take  effect  immediately. 

*Certifiecl  to  by  the  presiding-  officer  of  tlie  assembly,  as  having 
passed  the  assembly  "  by  a  two-third  vote." 


516  Laws  Ji elating  to  the 

CHAPTER  357  OF  THE  LAWS  OF  1870. 
An  Aot  granting  the  consent  of  the  State  of  New  York  to  the 
purchase,  by  the  United  Static,  of  certain  lands  for  the  puii)o.se 
of  the  erection  of  a  building  for  the  accommodation  of  the 
Umted  Staites  custom-house,  post-office,  courts,  internal  revenue 
offices,  and  other  offices  of  the  United  Staites  governmen-t 
located  in  the  ei'ty  of  Albany. 

Passed  April  22,  1870;    three-fifths  being  present. 

The   People  of  the   State  of  New    York,   represented  in   Senate    and 
Assembly,  do  enact  as  follows: 

Consent  of  State  given  to  the  United  States  to  purchase  land 
for  custom-house,  etc. 
Section  1.  The  consent  of  the  State  of  New  York  is  licivby  given 
to  the  purchase,  by  the  United  States,  of  one  or  more  pieces  of 
land  situate  in  the  city  of  Albany,  uo't  exceeding  one  acre  in 
quantity,  on  which  to  erect  a  building  for  the  accommodation  of 
a  United  States  custom-house,  post-office,  courts,  internal  revenue 
offices,  and  such  other  United  States  offices  as  may  be  located 
in  that  city;  and  the  United  States  shall  have,  hold,  own  and 
occupy  the  said  land  or  lands  Avhen  purchased,  and  exercise  juris- 
diction and  control  over  the  same,  and  every  part  thereof,  subject 
to  the  restrictions  hereinafter  mentioned. 

Jurisdiction  ceded. 

§2.  The  jurisdiction  of  the  State  of  New  York  in  and  over 
the  said  lands  mentioned  in  the  foregoing  section,  when  pur- 
chased by  the  United  States,  shall  be  and  the  same  is  hereby 
ceded  to  the  United  States;  provided,  however,  that  the  juris- 
diction hereby  ceded  shall  continue  no  longer  than  the  United 
States  shall  own  said  land  or  lands. 

State  to  retain  concurrent  jurisdiction. 

§  3.  The  said  consent  is  given  ,and  the  said  jurisdiction  ceded 
upon  the  express  condition  that  the  Steite  of  New  York  shall 
retain  concurrent  jurisdiction  with  the  United  States  in  and  over 
said  lands,  so  far  as  that  all  civil  processes  in  all  eases,  and  such 
criminal  and  other  processes  ais  may  issue  under  the  laws  or 
authority  of  the  State  of  New  York,  against  any  person  or  per- 
sons charged  with  crimes  or  misdemeanors  committed  within  said 
State,   may  be  executed  therein  in  the  same  way  and  manner 


C'lTV  OF  Albany.  517 

as  if  such  consent  had  not  been  given  or  jurisdiction  ceded, 
excei>t  so  far  as  such  process  may  affect  the  real  or  pereonal 
property  of  the  United  States. 

Jurisdiction  not  to  vest  until  purchase  of  lands. — Exemption 
from  State  taxation. 
§  4.  The  jurisdiction  hereby  ceded  shall  not  vest  until  the 
United  States  shall  have  acquired  the  title  to  the  said  land  or 
lands,  by  purchase  or  gi-ant;  and  so  long  as  the  said  laud  or  lands 
shall  remain  the  propei-ty  of  the  United  States,  when  acquired 
as  aforesaid,  and  no  longer,  the  same  shall  be  and  continue 
exempted  from  all  taxes,  assessments  and  other  charges  which 
may  be  laid  or  imposed  under  the  autliority  of  tliis  State. 

Penalty  for  malicious  injury  to  grounds,  buildings,  etc. 

§  5.  Any  malicious,  unlawful,  reckless  or  voluntary  injury  to 
or  mutilation  of  the  grounds,  buildings  or  appurtenances  shall 
subject  the  offender  or  offendere  to  a  fine  of  not  less  than  twenty 
dollars,  to  which  may  be  added,  for  an  aggravated  offense, 
imprisonment,  not  exceeding  six  months,  in  the  county  jail  or 
penitentiary,  to  be  prosecuted  befoi'e  any  court  of  competent 
jurisdiction 

§  6.  This  act  shall  take  effect  immediately. 


CHArTEK  195  OF  THE  LAWS  OF  1873. 
An  Act  granting  the  consent  of  the  State  of  New  York  to  the 
acquisition  of  the  United  States  of  certain  lands  for  the  purpose 
of  tlie  erection  of  government  buildings  at  Albany  and  Utica, 
New  York,  and  ceding  jurisdiction  over  the  same. 

Passed  April  10,  1873;    by  a  two-thirds  vote. 

T/ie  People  of  the  State  of  NeiD  York,  represented  in  Senate  and  Assem- 
bly, do  enact  as  folloirs  : 

Consent  of  State  given  to  acquisition  of  lands  by  the  United 
States. 

Section  1.  The  consent  of  the  State  of  New  Y'ork  is  hereby 
given  to  the  acquisition  by  the  United  States,  by  purchase,  in 
conformity  with  the  laws  of  this  State,  of  one  or  more  pieces  of 
land  in  the  city  of  Albany,  not  exceeding  one  acre  in  quantity: 
.and  also  of  one  or  moi'e  pieces  of  land  in  the  city  of  Utica,  not 


518  Laws  Relating  to  the 

exceeding  one  acre  in  quantity,  on  which  lands,  in  each  of  said 
cities,  said  United  States  may  erect  a  government  building,  and 
the  said  United  States  shall  have,  hold,  occupy  and  own  the  said 
lands  when  thus  acquired,  and  exercise  jurisdiction  and  eonti-ol 
over  the  same  and  every  part  thereof,  subject  to  the  restrictions 
hereinafter  mentioned. 

Jurisdiction  ceded. 

§  2.  The  jurisdiction  of  the  State  of  New  York  in  and  over  the 
said  land  or  lands  mentioned  in  the  foregoing  section,  when 
acquired  by  the  United  States,  shall  be  and  the  same  hereby  is 
ceded  to  the  United  States,  but  the  jurisdiction  hereby  ceded  shall 
continue  no  longer  tlian  the  said  United  States  shall  own  the 
said  lands. 

Condition. 

§3.  The  said  consent  is  given  and  the  said  jurisdiction  ceded 
upon  the  express  condition  that  the  State  of  New  York  shall 
retain  concurrent  jurisdiction  with  the  United  States  in  and  over 
the  said  lands,  so  far  as  that  all  civil  process  in  all  cases,  and 
such  criminal  or  other  process  as  may  issue  under  the  laAvs  or 
authority  of  the  State  of  New  Yoi-k  against  any  person  or  per- 
sons charged  with  crimes  or  misdemeanors  committed  within 
said  State,  may  be  executed  therein  the  same  way  and  manner 
as  if  such  consent  had  not  been  given  or  jurisdiction  ceded, 
except  so  far  as  such  process  may  afCeot  the  real  or  personal 
property  of  the  United  States. 

When  jurisdiction  to  vest  in  the  United  States. 

§  4.  The  jurisdiction  hereby  ceded  shall  not  vest  until  the 
United  States  shall  have  acquired  the  title  to  the  said  land  or 
lands,  by  purchase  or  by  condemnation,  in  conformity  with  the 
laws  of  this  State,  and  so  long  as  the  siaid  land  or  lands  shall 
remain  the  property  of  the  United  States,  when  acquired  as  afore- 
said, and  no  longer,  the  same  shall  be  and  continue  exonerated 
from  all  taxes,  assessments  and  other  rtiarges  which  may  be 
levied  or  imposed  under  the  authority  of  this  State. 

Penalty  for  willful  injuries. 

§5.  Any  malicious,  willful,  reckless  or  voluntary  injury  to  or 
mutilation  of  the  grounds,  buildings  or  appurtenances  shall  sub- 
ject the  offender  or  offenders  to  a  fine  of  not  less  ithan  twenty 


City  of  Albany.  519 

dollars,  to  which  may  be  added,  for  au  aggmvated  offense, 
imprisouinent,  uo-t  exceeding  six  months,  in  the  county  jail,  or 
work-house,  to  be  prosecuted  before  any  court  of  competent 
jurisdiction. 

Title,  how  acquired. 

§  6.  If  the  United  Staites  cannot  acquire  (title  to  the  land  above 
mentioned,  or  any  portion  thereof,  by  purchase,  they  shall  cause 
application  to  be  made  to  the  Supreme  Court  for  a  writ  of  inquiry 
of  damages,  and  such  proceedings  shall  thereupon  Ix-  had  and 
the  damages  ascertained  and  paid  in  the  manner  prescribed  in 
the  fourth  ai-ticle  of  title  two  of  chapter  nine  of  the  third  part 
of  the  Revised  Statutes. 

§  7.  This  act  shall  take  effect  immediately. 


CHAPTER  285  OF  THE  LAWS  OF  1880. 
An  Act  to  provide  for  repairing  or  rebuilding  and  enlarging  the 
City  Hall  of  the  city  of  Albany,  for  the  use  of  said  city  and 
the  use  of  the  county  of  Albany,  and  to  pro^ide  means  for  the 
l)ayment  therefor. 

Passed  May  13,  1880;    three-fifths  being  present. 

The  People  of  the  State  of  New  York,  represented  in  Senate  and  Assem 
hly,  do  enact  as  follows  : 
Commission  to  rebuild  City  Hall.— Additional  land. 

Section  1.  The  Mayor  of  the  city  of  All)auy,  the  Chairman  of 
the  Board  of  Supervisors  of  the  county  of  Albany,  Erastus  Corn- 
ing. Charles  P.  Eaton,  Robert  C.  Pruyn.  Albertus  W.  Becker, 
Barclay  Jermaiu,  Chartes  Van  Benthuysen  and  Marcus  T.  Hun, 
are  hereby  appointed  commissioners  to  repair  or  rebuild  and 
enlarge  the  City  Hall  in  the  city  of  Albany,  for  ,the  use  of  said 
city  and  for  the  use  of  the  county  of  Albany,  and  to  procure  for 
that  purpose  such  additional  land  as  may  be  necessary,  within 
the  block  bounded  by  Pine  sti-eet,  Maiden  lane,  Lodge  street  and 
Eagle  street.  Said  land  shall  be  procured  either  by  purchase  or 
by  the  like  proceedings  as  are  authorized  by  article  four,  title 
two,  chapter  nine,  part  three  of  the  Revised  Statutes,  entitled 
"  Of  the  writ  ad  quod  damnum,"  and  the  land  so  procured  shall 
be  taken  in  the  name  of  the  city  of  Albany  and  of  the  county  of 
Albany. 


520  Laws  E elating  to  the 

Official  oath. — Chamberlain. — Clerk. — Treasurer. 

§  2.  The  said  comuiissiouers  before  eiiteriug  upon  their  diitios, 
shall  itake  and  file  in  the  office  of  the  Clerk  of  ."^aid  county,  the 
oath  of  office  prescribed  by  tlie  twelftli  article  of  the  Constitu- 
tion. They  shall  elect  one  of  their  number  as  Chairman,  avIio 
shall  preside  at  their  meetings,  and  perform  such  other  duties  as 
they  shall  assign  to  him.  Tliej^  shall  aippoint  a  Clerk,  who  shall 
receive  a  sahiry  to  be  fixed  by  ithem,  and  such  Clerk  shall  keep 
a  record  of  tlie  proceedings  of  said  commissioners,  and  perform 
such  other  duties  as  the  commissioners  may  proscribe.  They 
sliall  also  designate  as  the  Treasurer  of  said  commissioners,  tlie 
County  Treasurer  of  said  county,  wlio  sluiU  witliout  compensa- 
tion, in  addition  to  'the  duties  hereinafter  prescribed,  talce  oliarge 
of,  receive  and  disburse,  undei-  tlie  direction  of  said  commis- 
sioners, all  moneys  coming  into  their  hands  Tiy  virtue  of  this  act, 
and  said  Treasurer  shall  'at  such  times  as  said  commissionei's 
shall  determine,  make  a  detailed  statement  'to  them  of  the  condi- 
tion of  said  moneys. 

First  meeting. — Subsequent  meetings. — Not  to  receive  compen- 
sation. 
§  3.  The  first  meeting  of  said  commissioners  shall  be  held 
within  fifteen  days  after  this  act  shall  take  effect,  on  a  day  to 
be  designated  by  a  majority  of  said  commissioners,  who  are  not 
such  ex  officio,  at  twelve  o'clock  noon,  at  the  old  Assembly  Cham- 
ber of  the  old  capitol,  in  the  city  of  Albany.  Subsequent  meet- 
ings shall  be  held  upon  the  call  of  the  Chairman  or  any  two  of 
S5:xid  commissioners,  at  such  time  and  place  in  said  city  as  he  or 
tliey  shall  designate,  or  as  said  commissioners  shall,  at  any  meet- 
ing, fix  by  adjournment;  notices  of  meetings  so  called  shall  be 
given  by  the  Clerk  through  the  post-office,  addressed  to  the 
respective  commissioners  at  their  place  of  residence  at  least  two 
days  before  the  time  of  meeting.  Any  act  of  the  commissioners, 
at  a  regular  meeting  to  which  a  majority  of  their  whole  number 
shall  assent,  shall  be  valid  and  binding  as  the  act  of  all  of  them. 
None  of  said  commissioners  shall  receive  any  compensation  for 
liis  services,  but  each  of  them  shall  be  entitled  to  receive  his 
jM'tual  disbursements  and  expenses  in  the  discharge  of  his  duties. 
Any  vacancy  in  their  number  caused  by  death,  resignation, 
removal  from  Albany  county  or  otherwise,  shall  be  filled  by 
appointment,  to  be  made  by  tlie  remaining  commissiouei's. 


City  of  Albany.  521 

To  cause  City  Hall  to  be  rebuilt.— Dimensions  and  plan.— To 
assign  rooms  to  officers  and  make  certificate  thereof.— Cer- 
tificate to  be  recorded. 
§4.  Said  eommissionei-s  slmll  cause  to  be  rebuilt  or  erected, 
completed  and  furnished  ready  for  use,  the  said  City  Hall,  for 
the  use  of  the  city  aud  eauuty  of  Albany,  as  a  court-house,  and 
for  other  public  purposes,  of  dimensions  and  upon  a  plan  which 
shall  furnish  accommodations  for  the  County  Clerk,  Surrogate, 
County  Treasurer,  District  Attorney,  County  Judge;  for  the  Cir- 
cuit, County  Court,  General  Term  of  the  Supreme  Court,  Supreme 
Court  Chambers,  Courts  of  Sessions  and  other  courts;  for  the 
Supervisors'  rooms,  for  jury  rooms;  for  the  Mayor,  Chamberlain, 
Receiver  of  Taxes,  City  Surveyor  and  Engineer,  Street  Commis- 
sioners, Register  of  Vital  Statistics.  Assessors,  ^Yater  Com- 
missioners; for  the  Common  Council  chamber.  Clerk  of  the 
Common  Council,  and  generally  for  the  public  offices  and  depart- 
ments of  the  said  city  and  county  of  Albany.  The  said  commis- 
sioners shall  also  determine  and  designate  by  a  certificate  in 
writing,  signed  by  them,  or  by  a  majority  of  them,  what  parts 
of  said  hall  shall  be  assigned  to  the  use  of  said  courts,  the  judges 
and  officers  tliereof.  and  what  parts  thereof  shall  be  assigned  to 
the  use  of  the  county  of  Albany  and  the  city  of  Albany  respect- 
ively. The  execution  of  such  a  certificate  shall  l>e  acknowledged 
or  proved  as  deeds  of  real  estate  are  required  to  be  in  order  to 
entitle  tlie  same  to  be  recorded,  and  sucli  certificate  shall  be 
reconlt'd  in  tlie  office  of  the  Clerk  of  Siiid  county. 

One-half  expense  to  be  borne  by  city  and  one-half  by  county. — 
Repairs  and  warming  to  be  done  by  contract. 
§  5.  One-half  of  the  expenses  incurred  in  erecting  sjiid  hall  and 
completing  and  furnishing  the  same  ready  for  use,  and  in  pur- 
chasing the  necessary  ground  as  aforesaid,  shall  be  borne  and 
paid  by  the  city  of  Albany,  and  the  other  half  by  the  county  of 
Albany;  and  all  expenses  to  be  incurred  after  the  erection  and 
completion  of  said  hall  for  necessary  repaii-s  and  for  the  warm- 
ing, lighting,  protection  and  care  thereof,  shall  be  Iwnie  and  paid 
by  -the  county  and  city  in  like  proportion.  Such  necessao*  repairs 
and  the  Avanning,  lighting,  protection  and  care  of  building,  shall 
be  made  and  provided  for  by  contract  or  contracts,  each  to  be 
entered  into  by  lx)th  the  Mayor  of  the  city  of  Albany  and  the 
Chairman  of  the  Board  of  Supen'isors  of  'the  county  of  Albany 


522  Laws  Relating  to  the 

for  the  time  being;  aud  no  expense  so  incurred  shall  be  allowed  or 
directed  'to  be  paid  by  either  the  Board  of  Supervisors  of  said 
county  or  the  Common  Council  of  said  city  until  the  bills  therefor 
have  been  duly  approved  by  both  the  said  Mayor  and  Chairman, 
except  the  salaries  of  employes  which  shall  have  been  fixed  in 
writing  for  a  definite  period  of  time  at  a  definite  sum  by  said 
Mayor  and  Chairman  jointly. 

Architect. — Record  of  proceedings. 

§  6.  The  said  commissioners  shall  have  authority  to  employ  and 
pay  an  architect,  and  alsio  a  Superintendent  and  such  other  neces- 
sary assisitants  as  they  shall  require  for  the  pui-poses  aforesaid. 
They  shall  keep  a  full  recoi-d  of  their  proceedings  and  exact  and 
particular  accounts  of  all  'their  receipts  find  disbursements,  which 
records  and  accounts  shall  at  all  times  be  oijen  for  inspection  by 
the  Chairman  of  the  Board  of  Supervisors  of  said  ■county  and 
the  President  of  the  Common  Council  of  said  city,  and  of  any 
committee  appointed  for  the  purpose  by  either  of  those  bodies, 
and  upon  completion  of  their  duties,  said  commissionei-s  shall 
deposit  such  record  and  all  other  books  of  accounts  and  vouchers 
in  the  office  of  the  Clerk  of  said  county,  there  to  be  preserved  as 
records  of  his  office. 

Misdemeanor  for  commissioners,  etc.,  to  furnish  materials. 

§  7.  It  shall  be  a  misdemeanor,  punishable  by  a  fine  and 
imprisonment,  for  either  of  said  commissioners,  or  any  clerk, 
architect  or  superintendent  appointed  by  them,  to  be  in  any  way 
or  manner  interested,  directly  or  indirectly,  in  furnishing  any 
materials,  supplies  or  labor  for  the  erection  of  said  hall,  or  in  any 
contract  which  said  commissioners  are  empowei-ed  by  this  act 
to  make. 

Board   of   Supervisors    to    borrow    money   for    county   part    of 
expenses. — Twenty  year    bonds. — Rate   of   interest. — To   be 
registered. — County  Treasurer  to  keep  separate  account. — 
Bonds,  how  to  be  negotiated. — Treasurer  to  make  advances. 
§  8.  It  shall  be  the  duty  of  the  Board  of  Supervisors  of  said 
county  to  borrow,  upon  the  faith  and  credit  of  said  county,  such 
a  sum  of  money  as  shall  be  requisite  to  pay  the  proportion  herein- 
before fixed  to  be  boi-ne  and  paid  by  said  county  of  the  expendi- 
tures which  said  commissioners  are  authorized  by  this  act  to 
make,  and  to  issue  the  bonds  of  said  county  therefore,  which 


City  of  Albany.  523 

bonds  shall  be  signed  by  the  Chairman  of  the  Board  of  Super- 
visors, and  by  the  County  Treasurer,  and  shall  be  payable  at 
such  times,  not  more  than  forty  years  nor  less  than  twenty  years 
from  the  date  thereof,  as  the  Board  of  Supervisoi-s  shall  deter- 
mine; such  bonds  shall  bear  semi-annual  interest  at  the  rate  of 
not  over  live  per  centum  per  annum,  and  as  fast  as  the  money 
shall  be  required  by  said  commissioners  they  shall  be  negotiated 
by  the  Chairman  of  the  Board  of  Supervisore  and  County  Treas- 
urer as  hereinafter  provided.  They  shall  be  registered  in  the 
office  of  the  County  Treasurer  and  shall  be  payable  at  that  office. 
The  County  Treasurer  shall  keep  a  separate  accouut  of  the 
moneys  which  shall  be  raised  upon  said  bouds  and  shall  pay 
thei-efrom  upon  the  order  of  said  commissioners  or  a  majority  of 
them,  from  time  to  time,  such  amounts  as  shall  be  required  to 
pay  the  proportion  of  said  county,  as  hereinbefore  fixed,  of  the 
expenditures  which  said  commissioners  ai'e  empowered  by  this 
act  to  make.  The  negotiation  of  such  bouds  shall  be  by  selling 
the  same,  by  the  County  Treasurer,  to  the  highest  bidder  at 
public  auction,  at  not  less  than  par,  giving  at  least  ten  days' 
previous  notice  of  the  time  and  place  of  sale  by  publication  in 
the  papers  in  All)any  designated  for  the  publication  of  c-ounty 
proceedings.  The  Treasurer  of  the  county  of  Albany  is  hereby 
authorized  to  make  advances  for  the  neeessaiT  expenditures  by 
the  commissioners,  on  their  order,  from  any  funds  in  his  posses- 
sion, prior  to  the  issuing  of  the  bonds  herein  authorized,  and  to 
be  reimbursed  from  the  proceeds  of  the  subsequent  sales  of  any 
of  said  county  bonds. 

Annual  tax  to  pay  interest. 

§  9.  It  shall  be  the  duty  of  the  Board  of  Supervisors  of  said 
county  to  cause  to  be  raised  yearly,  by  tax  upon  the  taxable 
property  in  said  county,  in  the  same  manner  as  other  taxes  ai'e 
levied,  a  sum  sufficient  to  pay  the  interest  upon  said  bonds,  when, 
and  as  the  same  shall  become  due  and  payable,  and  from  time 
to  time,  in  like  manner,  to  raise  the  money  necessary  to  pay  the 
principal  of  said  bonds  as  they  shall  fall  due. 

Mayor  and  Common  Council  to  borrow  money,  etc. — Twenty 
year    bonds. — Rate     of     interest. — Chamberlain     to     make 
advances. 
§  10.  It  shall  be  the  duty  of  the  Mayor  and  Chamberlain  of  the 

city  of  Albany  to  borrow  upon  the  faith  and  credit  of  said  city, 


524  Laws  Relating  to  the 

such  a  sum  of  money  as  shall  be  requisite  to  pay  the  proportion 
lioreiubefore  fixed  to  be  paid  and  borne  by  said  city  of  the 
expenditures  which  said  commissioners  are  authorized  by  tliis 
act  to  miake  and  to  issue  the  bonds  of  siaid  city  therefor,  wliii-h 
bonds  shall  be  signed  by  said  Mayor  and  Chamberlain;  shall  l>e 
payable  in  the  city  of  New  York,  not  more  than  forty  years  nor 
less  than  twenty  years  from  the  date  thereof;  shall  bear  semi- 
annual interest  at  the  rate  of  not  over  five  per  centum  per 
annum;  shall  be  duly  registered  in  the  office  of  said  Chamberlain, 
and  as  fast  as  the  money  shall  be  reipiired  by  said  commissioners, 
they  shall  be  negotiated  by  said  Mayor  and  Chamberlain,  as  here- 
inafter provided,  and  the  moneys  received  upon  such  negotiation 
shall  be  deposited  Avith  the  Chamberlain  of  said  city,  who  shall 
keep  a  separate  account  thereof  and  shall  pay  therefrom,  upon 
the  order  of  said  commissioners  or  a  majority  of  them,  from  time 
to  time,  such  amounts  as  shall  l)e  required  to  pay  the  proportion 
of  the  city  of  Albany,  as  hereinbefore  fixed,  of  the  expenditures 
which  said  commissii>ners  are  empowered  by  this  act  to  make. 
The  negotiation  of  such  bonds  shall  be  by  selling  the  same,  by 
the  City  Chamberlain,  to  the  highest  bidder  at  public  auction,  at 
not  less  than  par,  giving  at  least  ten  days'  previous  notice  of  the 
time  and  place  of  sale,  by  publication  in  the  city  papers  desig- 
nated for  the  publication  of  city  proceedings.  The  Chamberlain 
of  the  city  of  Albany  is  hereby  authorized  to  make  advances  for 
the  necessary  expenditures  by  the  commissioners,  on  their  order, 
signed  by  a  majority  of  them  and  authorized  at  a  meeting  of  said 
commissioners  duly  called,  from  any  funds  in  his  possession 
prior  to  the  issuing  of  the  bonds  herein  authorized,  and  to  be 
reimbursed  from  the  proceeds  of  the  subsequent  sales  of  any  of 
said  city  lionds. 

Annual  tax  to  pay  interest. 

§  11.  It  shall  be  the  duty  of  the  Common  Council  of  said  city 
to  cause  to  be  raised  yearly  by  tax  upon  the  taxable  property  in 
said  city,  in  the  same  manner  as  the  other  general  taxes  are 
levied,  a  sum  sufficient  to  pay  the  interest  upon  its  said  bonds, 
when  and  as  the  same  shall  become  due  and  payable,  and  from 
time  to  time,  in  like  manner,  to  raise  the  money  necessary  to  pay 
the  principal  of  its  said  bonds  as  they  shall  fall  due. 


City  of  Albany.  525 

Members  of  Common  Council  and  Supervisors  not  to  be  inter- 
ested,  etc. 
§  12    No  member  of  the  Common  Council  of  said  city,  or  of  the 
Board  of  Supervisors  of  said  county,  or  city  or  county  officers 
elected  by  the  people,  shall  be  eligible  to  the  ofhce  of  commis- 
sioner under  this  act,  excepting  that  the  Mayor  of  the  city  and 
the  Chairman  of  the  Board  of  Supervisors  are  to  be  commis- 
sioners, ex  officio,  as  before  provided.     Nor  shall  any  member  of 
said  Common  Council  or  said  Board  of  Supervisors,  or  any  city 
or  county  officer,  be  in  any  way  interested,  directly  or  indirectly, 
in  furnishing  any  material  or  supplies,  or  in  any  contract  made 
for  the  erection  of  said  building,  or  in  any  contract  thereof  or  in 
any  part  tliereof. 
Work  to  be  done  by  contract. 

.  13  The  work  of  rebuilding  or  constructing  said  building  shall 
„,■  let  by  contract  or  contracts,  and  after  said  commissioners 
sh'ill  have  given  reasonable  notice,  in  three  of  the  principal  news- 
papers in  the  city  and  county  of  Albany,  calling  for  bids  for  the 
performance  of  said  work,  then  the  same  shall  be  let  to  the 
lowest  responsible  bidder,  upon  his  executing  to  said  commis- 
sioners a  good  and  sufficient  bond  with  sureties  for  the  faithful 
performance  of  said  Avork. 

Amount  to  be  expended. 

^  14  The  whole  amount  expended  by  said  commissioners,  by 
virtue  of  this  act  shall  not  exceed  two  hundred  and  ninety  thou- 
sand dollars  for  the  payment  of  the  cost  of  employing  the 
architect  superintendent  and  his  assistants,  and  the  clerk,  as 
hereinbefore  provided  for.  and  for  furnishing  said  building  and 
defraying  all  other  necessary  expenses  pertaining  to  the  building 
or  construction  thereof. 

(As  amended  by  chapter  37,  Laws  of  18S1  i 
Thirty-five  thousand  dollars  may  be  expended  to  acquire  addi- 
tional land,  etc.-City  and  county  to  bear  expense  equally. 
—Funds,  how  to  be  raised.— Tax. 
§  15.  In  addition  to  the  amount  authorized  to  be  expended  by 
the  preceding  section  the  commissioners  are  authorized,  in  their 
discretion,  to  expend  such  additional  amount,  not  exceeding  the 
sum    of   thirty-five  thousand   dollars,    as    may   be   necessary    to 
enable  them  to  acquire  such  additional  land  as  they  may  deem 


526  Laws  Relating  to  the 

necessary,  in  the  nianuer  provided  in  the  hrst  section  of  this  act, 
to  reshape,  reyrade  and  reflaj?  the  sidewallis  aronnd  the  City 
Hall,  repaA-e  with  granite  block  pavement  those  portions  of 
Maiden  lane.  Pine  street  and  Washington  avenue  which 
the  city  or  county  is  bound  to  keep  in  repair,  and  to  sign 
on  behalf  of  the  property  owned  by  the  city  or  county  of  Albany 
any  petition  which  may  be  required  by  law  to  enable 
the  Common  Council  to  pass  any  law  for  the  repaving  of  the 
aforesaid  streets,  or  any  part  of  them,  Avith  granite  blocks,  and 
to  complete  the  filling  up  of  the  interior  of  the  building,  to  build 
a  bridge  from  the  City  Hall  to  the  old  jail,  and  procure  such  addi- 
tional furniture  as  they  may  deem  necessary  and  advisable. 
One-half  of  the  amount  so  expended  shall  be  borne  and  paid  by 
the  city  of  Albany,  and  the  other  half  by  the  county  of  Albany. 
The  Treasurer  of  the  county  of  Albany  and  the  Chamberlain  of 
the  city  of  Albany  are  authorized  and  required  to  make  advances 
for  the  necessary  expenditures  of  the  commissioners  as  pre- 
scribed in  section  eight  and  section  ten  of  this  act.  In  case  there 
shall  be  no  funds  in  the  hands  of  the  County  Treasurer  or  of  the 
Chamberlain  from  which  such  advances  can  be  made,  or  in  case 
it  shall  be  necessary  to  replenish  any  fund  from  which  advances 
shall  have  been  so  made,  the  President  of  the  Board  of  Super- 
visors and  the  Treasurer  of  the  county  of  Albany  shall  be,  and 
they  are  hereby,  authorized  to  borrow,  upon  the  credit  of  tlie 
county  of  Albany,  and  the  Mayor  and  the  Chamberlain  of  the 
city  of  Albany  shall  be,  and  they  are  hereby,  authorized  to  bor- 
row, upon  the  credit  of  the  city  of  Albany,  such  sums  of  money 
as  may  be  necessary  to  make  the  said  advances  or  replenish  the 
said  funds,  and  shall  issue  certificates  of  indebtedness  therefor, 
signed  by  the  President  of  the  Board  of  Supervisors  and  the 
County  Treasurer,  and  by  the  Mayor  and  Chamberlain  respect- 
ively. Such  certificates  shall  bear  interest  at  the  rate  of  not 
over  five  per  cent  per  annum,  and  shall  be  made  payable  in  the 
city  of  Albany  on  or  before  the  first  day  of  March,  eighteen  hun- 
dred and  eighty-four.  It  shall  be  the  duty  of  the  Board  of  Super- 
visors of  said  county,  and  of  the  Common  Coimcil  of  said  city, 
to  cause  to  be  raised  by  tax  ujion  the  taxable  property  in  said 
county  and  city,  respectively,  in  the  same  manner  as  the  other 
general  taxes  are  levied,  a  sum  suflicient  to  pay  all  certificates 
issued  or  moneys  advanced  as  herein  provided,  together  with 
the  interest  thereon.  Statements  showing  the  amount  of  the  cer- 
tificates issued  or  moneys  advanced  shall  be  prepared  and  sub- 


City  of  Albany.  527 

mitted  to  the  Board  of  Supervisors  by  the  County  Treasurer,  aud 
to  the  Commou  Council  by  the  Chamberlain  on  the  first  day  of 
November,  eighteen  hundred  and  eighty-three,  aud  the  amounts 
therein  stated  shall  be  levied  and  included  with  aud  in  the  taxes 
of  that  year. 

(Added  by  chapter  12,   Laws  of  1883.) 
§  16.  This  act  shall  take  effect  immediately. 
(Added  by  chapter  12,  Laws  of  1883.) 


CHAPTER  258  OF  THE  LAWS  OF  1881. 

An  Act  for  the  improvement  of  the  Broadway  railroad  crossing 
in  the  city  of  Albany. 
Passed  May  13,  1881;    three-fifths  being  present. 
•    The  People    of  the  State  of  New    York,    represented  in  Senate   and 
Assembly,    do  enact  as  foUoics  : 
Railroad  may  change  grade  of  street,  etc. 

Section  1.  It  shall  bo  lawful  for  the  New  York  Central  aud 
Hudson  River  Railroad  Company  to  lower  the  road-bed  aud 
change  the  grade  of  the  streets  in  the  city  of  Albany  called 
Broadway,  Colonic  and  North  Lansing,  and  to  elevate 
the  tracks  of  the  railway  of  said  company  at  the  place 
of  the  intersection  of  said  railway  with  said  streets,  or 
either  of  them,  so  that  facilities  for  travel  on  said  streets 
may  be  provided  under  the  said  railroad,  according  to  plans 
which  may  be  agreed  upon  by  the  Mayor  of  said  city 
aud  the  said  railroad  company,  who  are  hereby  authorized  to 
determine  the  manner  and  means  by  which  said  tracks  of  said 
railroad  shall  be  carried  over  said  streets  or  either  of  them,  and 
the  time  in  which  the  same  shall  be  commenced  and  completed; 
but  said  work  shall  be  commenced  within  one  year,  and  said 
improvement  completed  within  two  years  from  the  passage  of 
this  act. 

Bridge  over  streets. 

§  2.  The  said  railroad  company  is  authorized  to  construct  and 
maintain  a  bridge  over  said  streets,  or  either  of  them,  at  said 
place  of  intersection,  upon  which  to  lay  and  run  the  tracks  of 
said  railroad,  and  to  make  or  cause  to  be  made,  such  alterations 
in  the  grade  thereof,  and  also  in  the  grade  of  Livingston  avenue 


528  Laws  Relating  to  the 

as  may  be  agreed  upon  belweeu  the  said  Mayor  of  the  city  of 
Albauy  aud  the  said  railroad  eoinpauy. 

May  acquire  lands. 

§  3.  The  said  railroad  eompauy  is  authorized  to  take  possession 
of  such  lauds  and  tenements  as  may  be  required  and  necessary 
to  carry  out  and  execute  said  improvement  in  such  crossing  or 
incident  thereto,  as  may  be  agreed  upon  as  aforesaid,  and  if  it 
cannot  agree  with  the  owner  or  owners  for  the  purchase  thereof, 
it  sliall  have  the  right  to  acquire  title  to  the  same  according  to, 
and  in  pursuance  of  the  provisions  of  the  act  entitled  "An  act  to 
authorize  the  lormation  of  railroad  companies,  and  to  regulate 
the  same,"  passed  April  second,  eighteen  hundred  and  fifty,  and 
of  the  several  acts  amendatory  thereof,  and  the  costs  of  all  lands 
so  taken  shall  be  paid  by  the  railroad  company. 

Cost  and  expense  of  change  of  grade,  etc. — Notice  to  owners  of 
property  to  file  claims. — Proceedings  to  ascertain  damage. 
— Tax  to  pay  same. 
§  4.  The  cost  and  expenses  of  changing  the  grade  of  said  streets 
and  said  tracks  and  of  the  improvement  in  said  crossing,  and  of 
acquiring  title  to  any  lands  and  tenements  taken  therefor,  author- 
ized by  this  act,  shall  be  paid  and  borne  by  said  railroad  com- 
pany. The  said  railroad  company,  however,  shall  not  be  liable  to 
pay  any  compensation  which  the  owners  or  occupants  of  adjoin- 
ing property  may  be  entitled  to,  for  damages  which  they  may 
suffer,  by  reason  or  on  account  of  such  changes  of  grade  or 
improvement,  but  the  same  shall  be  paid  and  borne  by  the  said 
city  of  Albauy,  which  shall  be  liable  therefor  (excepting  that  the 
said  railroad  company  shall  not  be  entitled  to  any  award  of 
damages  by  reason  of  said  improvement).  Within  thirty  days 
after  the  completion  of  said  improvement,  it  shall  be  the  duty  of 
the  Mayor  of  said  city  of  Albany,  to  cause  to  be  published  at  least 
three  times  in  each  week,  for  two  successive  weeks,  in  each  of 
the  official  newspapers  of  said  city,  a  notice  declaring  the  same 
to  be  completed  and  requiring  all  owners  and  occupants  of  adjoin- 
ing property,  who  may  claim  to  have  suffered  damage  by  reason 
or  on  account  of  such  change  of  grade  or  improvement,  to  file  in 
the  office  of  the  Mayor  of  said  city,  within  thirty  days  after  the 
day  of  the  final  publication  of  said  notice  by  the  Mayor,  and 
which  date  shall  be  specified  in  said  published  notice,  notice  of 
their  claim  for  such  damages,  together  with  the  name  and  resi- 


City  of  Albany,  529 

deuce  of  sucli  claiiuiiiit.  No  person  or  corporation  who  shall  fail 
to  file  such  notice  of  claim  within  the  time  and  in  the  manner 
hereinbefore  required,  shall  be  entitled  to  receive  or  recover  any 
damages  or  compensation  by  reason  or  on  account  of  such  change 
of  grade  or  improvement.  Within  thirty  days  after  the  expira- 
tion of  the  time  fixed  for  the  tiling  of  claims  as  aforesaid,  if  any 
sucli  notice  of  claim  shall  have  been  duly  filed,  proceedings  shall 
be  instituted  by  the  said  city  through  the  Mayor  thereof,  in  its 
behalf,  upon  notice  to  the  party  or  parties  who  shall  have  duly 
filed  such  notice  of  claim,  for  the  appointment  of  commissioners 
to  ascertain  and  determine  the  amount  of  damages,  if  any,  such 
party  or  parties  have  sustained,  said  commissioners  to  be 
appointed  and  all  proceedings  in  relation  to  the  ascertaining  of 
damages,  to  be  had  in  the  manner  prescribed  in  the  said  act  for 
acquiring  title  to  real  estate  mentioned  in  the  preceding  section, 
and  if  said  commissioners  shall  determine  that  any  damages 
have  been  sustained  by  any  or  either  of  said  claimants,  the 
amount  thereof  shall  be  assessed,  levied  and  collected  in  the 
manner  now  provided  by  hiAV  for  the  assessment,  levying  and 
collection  of  taxes  in  said  city. 

Liability  of  railroad  com.pany  to  cease. 

§  5.  After  the  completion  of  the  said  improvement  at  said 
crossing,  by  carrying  the  said  streets,  or  either  of  them,  or  a 
portion  thereof,  under  said  railroad,  so  that  the  same  can  be 
used  by  passengers  and  vehicles,  the  said  railroad  company  and 
the  said  city  of  Albany,  shall  be  free  and  exempt  from  any  dam- 
ages, compensation  or  liability  to  any  person  or  persons  or  cor- 
poration for  or  on  account  of  any  accident  or  injury  to  person 
or  property,  happening  by  or  in  the  use  of  any  surface  road  or 
street  over  the  said  railway  tracks  at  said  crossing. 

Horse  railway  to  change  grade. 

§  6.  The  Watei-v'liet  Turnpike  and  Railroad  Company  is 
hereby  authorized  and  required  upon  the  change  of  the  grade  of 
said  streets  and  said  railway  tracks  at  said  crossing,  to  change 
the  tracks  of  its  horse  railway  laid  in  said  Broadway,  so  as  to 
conform  to  and  not  interfere  with  the  improvement  of  said 
crossing  provided  for  in  this  act.  and  the  Mayor  of  said  city  is 
hereby  empowered  to  compel  and  make  said  change  in  the  cnMl 
horse  railway  tracks. 
34 


530  Laws  Relating  to  tue 

Agreement  to  be  in  writing,  etc. 

§  7.  Any  agivcment  niadf  pursuaut  to  this  act,  betwocii  the 
IMayor  of  said  city  and  tlio^  said  railroad  company,  shall  Ix'  in 
writing,  signed  Ijy  the  said  jNIayor,  and  the  president  or  secretary 
of  the  said  railroad  company,  and  filed  in  the  office  of  the  CJerk 
of  Albany  county,  and  thereupon  said  agreement  shall  l)ecome 
and  be  ol)ligatory  upon  the  said  railroad  company  and  tlie  said 
city,  and  each  of  them  shall  be  and  is  authorized  and  required 
to  perform  and  keep  tlie  same  according  to  the  true  intent  and 
meaning  thereof. 

§  8.  All  laws,  acts  or  parts  of  acts  inconsistt'ut  with  this  act, 
are  hereby  repealed. 

§  9.     This  act  shall  take  effect  immediately. 


CHArTER  95  OF  THE  LAWS  OF  1883.      . 

An  Act  in  relation  to  claims  for  damages  against  the  city  of 
Albany  by  reason  of  the  work  done  under  the  act  for  the 
improvement  of  the  Broadway  railroad  crossing  in  the  city  of 
Albany,  passed  May  thirteenth,  eighteen  hundred  and  eighty- 
one,  and  to  provide  for  the  payment  by  said  city  of  any  awards 
which  may  be  made  by  the  commissioners  provided  for  in  that 
act. 

Passed  March  14,  1883;    three-fifths  being  present. 

The  People  of  the  Stale  of  Keic  York,  represented  in  Senate  and 
Assembly,  do  enact  as  folloics  : 

Time  for  presentation  of  claims  extended. 

Section  1.  The  time  in  which  to  file  claims  under  and  pur- 
suant to  the  provisions  of  section  four  of  the  act  entitled  "An  act 
for  the  improvement  of  the  Broadway  railroad  crossing  in  the 
city  of  Albany,  passed  May  thirteenth,  eighteen  hundred  and 
eighty-one,"  is  hereby  extended  until  ten  days  after  the  passage 
of  this  act,  but  only  upon  condition  that  any  person  filing  a  claim 
during  such  extended  time  shall,  at  the  same  time,  file  a  written 
consent  to  the  hearing  of  such  claim  by  the  commissioners,  who 
may  have  already  been  appointed,  and  a  waiver  of  any  notice 
of  any  proceedings  already  taken,  or  in  i-egard  to  which  notice 
may  liave  been  given  prior  to  or  on  the  day  of  the  filing  of  such 
claim.  And  in  case  such  written  consent  and  waiver  shall  not 
be  filed  at  the  same  time  with  the  claim,  then  the  commissioners 
shall  have  no  power  to  hear  or  decide  upon  any  such  claim.    In 


City  of  Albany.  531 

case  of  such  tiliii.i;',  rlu-u  the  lu-aring;  of  tlio  t-laiui  and  tlio  furtluT 
In-oceo(liii.!4s  theivin  shall  bo  had  l)eforo  the  commissioners 
appointed  to  hear  and  decide  upon  the  claims  filed  under  and 
pursuant  to  tlu'  said  section  (fourt  of  the  act  aforesaid. 

Only  one  report  to  be  made. 

S  2.  The  commissioners  shall  make  but  one  report,  lu  which 
shall  be  embraced  a  separate  .statement  of  the  decision  arrived 
at  in  the  case  of  each  claim  presented,  and  the  amount  (if  any) 
awarded  the  claimant,  and  no  decision  arrived  at  by  the  commis- 
sioners shall  be  announced  until  the  hearing  in  regard  to  all 
has  been  completed;  and  when  such  report  is  made  it  shall  be 
signed  by  the  commissioners,  or  a  majority  thereof,  and 
delivered  to  the  Corporation  Counsel. 

Bill  of  expenses. — Taxing  bill. 

§  3.  The  Corporation  Counsel,  upon  receipt  of  such  report  of 
the  commissioners,  and  before  tiling  the  same,  shall  prepare  a 
bill  of  the  expenses  incurred  under  his  direction  in  the  proceed- 
ings containing  the  amounts  charged  by  the  respective  parties 
who  performed  the  labor  mentioned  in  such  bill,  and  upon  the 
usual  notice  of  taxation  of  costs  served  upon  all  who  have 
appeared  in  the  proceedings,  and  upon  the  commissioners,  he 
shall  present  at  any  Special  or  Adjourned  Term  at  Chambers  of 
the  Supreme  Court  within  the  Third  Judicial  District,  a  petition 
that  the  bill  aforesaid,  together  with  the  amount  of  the  compen- 
sation of  the  commissioners,  be  taxed  and  fixed  by  such  court. 
For  the  purpose  of  taxing  such  bill  and  of  fixing  such  compen- 
sation the  court  may  hear  the  questions  either  l)y  affidavit  or 
oral  proof,  or  both,  in  its  discretion,  and  shall  allow  such  sums 
as  in  its  judgment  the  several  services  performed  were  fairly 
and  reasonably  worth.  Its  decision  shall  be  in  writing  and  filed 
in  the  Clerk's  office  of  Albany  county,  and  the  report  of  such 
commissioners  shall  thereupon  be  filed  in  the  same  office  by  the 
Corporation  Counsel.  No  judge  or  commissioner  shall  be  dis- 
qualified from  acting  or  serving  by  reason  of  any  residence  in 
the  city  of  Albany. 

Proceedings  on  final  confirmation  of  report. 

§  4.  Upon  the  final  confirmation  of  the  report  of  the  commis- 
sioners, the  amount  awarded,  together  with  all  the  expenses 
above  mentioned,  shall  be  added  together,  and  a  certificate  of 


532  Laws  Relating  to  the 

such  total  sum  shall  be  signed  by  the  Chamberlaiu  and  filed  in 
his  otfice.  It  shall  then  be  determined  by  the  Finance  Depart- 
ment of  the  city,  by  a  certificate  to  be  signed  by  them,  or  a 
majority  of  them,  and  filed  in  the  Chamberlain's  office,  Avhether 
the  aforesaid  total  amount  of  awards  and  expenses  shall  be 
paid  ))y  the  issue  of  bonds  payable  in  ecpinl  parts,  in  two,  three 
or  four  years,  and  in  accordance  witli  sui-h  decision  bonds  of  the 
city  of  Albany  as  hereinafter  provided  for  shall  be  issued  and 
sold  and  the  proceeds  shall  be  immediately  applied  by  the  Cham- 
berlain in  payment  of  all  the  said  awards  and  expenses.  If  there 
be  no  certificate  signed  by  a  majority  of  the  Finance  Committee 
and  filed  in  the  ofllce  of  the  Chamberlain  within  ten  days  after 
tlie  final  confirmation  of  the  report  of  tlie  commissioners,  then 
the  full  amount  of  the  awards  and  all  other  expenses  shall  be 
paid  by  the  issue  of  bonds  payable  one-half  in  one  and  one-half 
in  tAvo  years  as  hereinafter  provided  for. 

Bonds. 

§  5.  Upon  the  filing  of  the  certificate  mentioned  in  the  last 
section,  or  in  default  thereof,  bonds  of  the  city  of  Albany  shall 
be  prepared  under  the  direction  of  the  Mayor  and  Chamberlain, 
divided  in  amounts  to  be  paid  annually  in  accordance  with  such 
certificate,  or  else  in  case  of  default,  as  is  provided  for  in  the 
last  section,  and  payable  at  a  rate  of  interest  not  exceeding  six 
per  cent,  as  the  Mayor  and  Chamberlain  may  determine  to  be  for 
the  best  interests  of  the  city,  and  such  bonds  shall  be  signed 
by  the  Mayor  and  Chamberlain  and  countersigned  by  the  Clerk 
of  the  Common  Council.  They  shall  be  payable  at  the  office  of 
the  Chamberlain  of  the  city  of  Albany,  and  interest  payable 
there  semi-annually.  Such  bonds  shall  be  sold  at  auction  to  the 
highest  bidder  by  the  Chamberlain  and  shall  be  of  such  denomi- 
nation as  the  purchaser  at  such  sale  may  desire;  such  sale  shall 
be  at  an  amount,  however,  not  less  than  par,  and  they  may  be 
registered  in  the  name  of  the  purchaser. 

Annual  tax. 

§  6.  There  shall  be  included  in  the  annual  tax  budget  of  the 
city  sucli  sum  as  shall  be  necessary  to  pay  any  of  the  bonds 
maturing  before  the  collection  of  taxes  from  the  next  annual 
budget,  and  sufficient  to  pay  the  interest  on  all  the  bonds  upon 
which  interest  will  mature  during  the  then  coming  year. 


City  of  Albany.  533 

Memorandum  of  payment  to  be  made,  etc. 

§  7.  Upon  the  payment  of  any  of  these  bonds  the  Chamberlain 
Rball  make  a  memorandum  thereof,  describing  them  and  the 
amount  thereof,  which  memorandum  shall  be  made  in  a  book 
kept  l)y  him  on  deposit  in  his  office  for  such  purpose  and  which 
shall  remain  there  as  a  public  record.  Such  memorandum  shall 
also  be  signed  by  the  Mayor  or  the  Receiver  of  Taxes,  after 
which  such  bonds  thus  paid  shall,  in  the  presence  of  the  Cham- 
berlain and  of  the  Mayor  or  Receiver  of  Taxes,  be  burned  or 
otherwise  destroyed,  and  a  minute  to  that  effect  made  in  such 
book  and  signed  by  the  Chamberlain  and  Mayor  or  Receiver  of 
Taxes. 

§  8.  This  act  shall  take  effect  immediately. 


CHAPTER  146  OF  THE  LAWS  OF  1876. 

An  Act  in  relation  to  repairs  of  certain  streets  in  the  city  of 

Albany. 
Passed  April  22,  1876;    three-fifths  being  present. 

The  People  of  the  State   of  New     York,  represented  in  Senate  aud 
Assembly,   do  enact  as  follows: 
Lawful  to  use  granite  blocks  in  repairs  of  pavements. 

Section  1.  In  making  repairs  of  the  pavement  in  any  of  the 
streets  in  the  city  of  Albany,  pursuant  to  title  nine  of  chapter 
seventy-seven  of  the  Laws  of  eighteen  hundred  and  seventy,  and 
the  acts  amendatory  thereof,  it  shall  be  lawful  to  use  granite 
blocks  instead  of  the  material  now  composing  such  pavement. 
Such  repairs,  however,  to  be  done  in  all  cases  under  the  super- 
vision of  the  Street  Commissioner  and  subject  to  the  approval  of 
the  Mayor  and  the  City  Surveyor  and  Engineer. 

§  2.  This  act  shall  take  effect  immediately. 


534  Laws  E elating  to  the 

CHAPTER  88  OF  THE  LAWS  OF  1879. 

An  Act  making  an  appropriation  for  the  construction  of  an  iron 
SAving,  draw  or  lift-bridge  at  Lawrence  street,  in  tlie  city  of 
Albany. 

Passed  March  17,  1879;    thiee-fifths  being  present. 

The  People  of  the  State  of  New  York,  represented  in  Senate  and 
Assembly,   do  enact  as  follows: 

Appropriation. — Proviso. 

Section  1.  The  sum  of  six  thousand  dollars,  or  so  much  thereof 
as  may  be  necessary,  is  hereby  appropriated  out  of  the  revenues 
of  tlie  canals,  for  the  current  fiscal  year  for  the  construction  of 
an  iron  swing,  draw  or  lift-bridge  to  replace  the  present  unsafe 
structure  across  the  Erie  canal,  at  Lawrence  street,  in  tlie  city 
of  Albany;  provided,  however,  that  such  bridge  shall  not  be  con- 
structed unless  the  proper  authorities  of  the  city  of  Albany  sliall 
assume  the  entire  expense  of  operating  said  bridge,  under  the 
direction  of  the  Superintendent  of  Public  Works. 

§  2.  TJiis  act  shall  take  effect  immediately. 


CHAPTER  342  OF  THE  LAWS  OF  1879. 

An  Act  in  relation  to  the  funded  debt  of  the  city  of  Albany. 

Passed  May  20,   1879;     three-flfths  being  present. 

The  Peo2)le  of  the  State  of  New  York,  represented  in  Senate  and. 
Assembly,   do  enact  as  follows  : 

Surrender  of  bonds. — Issue  of  certificates  or  scrip  therefor. 

Section  1.  The  Common  Council  of  ihe  city  of  Albany  are 
hereby  authorized  to  receive  a  surrender  of  any  coupon  bond  or 
bonds  of  said  citj',  with  the  coupons  thereon,  issued  by  said  city 
and  now  outstanding;  and  after  the  said  bond  or  bonds  so  sur- 
rendered have  been  duly  canceled  as  hereinafter  provided,  the 
Mayor  and  Chamberlain  of  said  city  shall  issue  a  registered  cer- 
tificate or  scrip  obligating  said  city  to  pay  the  owner  of  said 
coupon  bond  or  bonds  so  surrendered,  or  his  assigns,  an  amount 
equal  to  the  same  and  of  the  same  tenor  as  to  the  rate  of  interest 
and  time  of  payment.  The  interest  and  principal  shall,  however, 
be  made  payable  at  the  office  of  said  Chamberlain  in  the  city  of 
Allianv. 


City  of  Albany.  535 

How  executed  and  registered. 

§  2.  The  said  c-ertiticales  or  scrip  so  issued  shall  be  sealed  witli 
the  seal  of  said  city,  and  signed  by  the  Mayor  and  Chamberlain 
and  countersigned  by  the  Chairman  of  the  Finance  Committee  of 
the  Common  Council,  and  shall  be  registered  in  a  book  of  registry 
to  be  kept  in  the  othce  of  said  Chamberlain,  and  on  any  assign- 
ment of  said  scrip  all  new  or  subsequent  certificates  or  scrip 
issued  to  such  assignees  sliall  be  executed  with  like  formality  and 
registered  in  like  manner. 

Cancellation  of  bonds   surrendered. — Indorsement. — Certificate 
to  be  made  and  filed. 

§  3.  At  the  time  of  such  surrender,  and  before  any  certificate 
of  any  scrip  as  above  provided  shall  be  issued,  the  bond  or  bonds 
so  surrendered  for  exchange  shall  be  canceled,  together  with  each 
and  every  one  of  the  coupons  belonging  to  such  bond  or  bonds 
in  the  presence  of  the  Mayor,  Chamberlain  and  Chairman  of  the 
Finance  Committee,  by  erasing  the  names  signed  to  said  bond 
or  bonds  and  on  each  of  the  said  coupons,  and  also  perforating 
the  same  in  such  manner  as  to  preclude  their  being  again  issued 
or  put  in  circulation.  There  shall  be  an  indorsement  made  by  the 
said  Chamberlain  on  the  face  of  said  surrendered  bond  or  bonds, 
stating  the  fact  of  such  surrender  and  exchange  and  the  date 
thereof,  and  the  said  Mayor,  Chamberlain  and  Chairman  shall. 
together  sign  a  certificate  and  swear  to  the  truth  thereof,  stating 
the  fact  of  such  bonds  having  been  surrendered,  and  that  the 
same  were  canceled  as  above  directed,  and  the  said  Chamber- 
lain shall  file  such  sworn  certificate  and  said  canceled  bonds  and 
coupons  in  his  oflice,  and  report  the  fact  to  the  Common  Council 
at  their  next  meeting. 

Certificates,  what  to  contain. 

§  4.  All  certificates  of  scrip  issued  as  above  provided  shall 
embody  therein  a  reference  to  the  specific  law  by  virtue  of  which 
the  original  debt  was  created,  and  state  whether  the  same  is  for 
the  park,  water,  general  fund  debt  or  otherwise. 


536  Laws  Relating  to  the 

CHAPTER  424  OF  THE  LAWS  OF  1870. 
An  Act  in  relation  to  tlie  statistics  of  the  poor. 

Passed  April  27,  1870;    three-fifths  being  present. 

The  People  of  the  State  of  New  York,  represented  in  Senate  and 
Assembly,    do   enact  as  follows  : 

Acts  relating  to  annual  reports  extended  to  certain  officers. 

Section  1.  All  the  provisions  of  sections  seventy-five,  seventy- 
six,  seventy-seven  and  seventy-eight  of  chapter  twenty,  title  one, 
part  one,  Revised  Statutes  of  the  State  of  New  York,  as  amended 
by  chapter  two  hundred  and  fourteen,  LaAvs  of  eighteen  hundred 
and  forty-two,  and  chapter  one  hundred,  Laws  of  eighteen  hun- 
dred and  forty-nine,  relating  to  reports  by  Superintendents  of 
the  Poor  of  the  several  counties  of  the  State  to  the  Secretary  of 
State,  and  the  penalties  for  the  neglect  of  duties  under  said  acts, 
are  hereby  extended  to  and  made  applicable  to  the  Commis- 
sioners of  Public  Charities  and  Correction  for  tlie  city  and  county 
of  New  York,  the  Superintendent  of  the  Alms-house  of  the  county 
of  Albany,  the  Keeper  of  the  Poor-house  of  the  county  of  Put- 
nam, and  the  Superintendents  of  the  Poor  who  are  appointed  by 
the  Boards  of  Supervisors  of  the  counties  of  Fulton,  Herkimer 
and  Jefferson,  the  Commissioners  of  the  Alms-house  elected  in 
the  cities  of  Newburgh  and  Poughkeepsie,  and  all  poor  officers 
elected  or  appointed  in  other  cities  of  the  State,  under  special 
acts  of  the  Legislature. 

Newburgh   and   Poughkeepsie   Alms-house    Commissioners   to 
make  report. 

§  2.  The  Commissioners  of  the  Alms-house  of  the  cities  of  New- 
burgh and  Poughkeepsie,  and  the  poor  officers  of  other  cities 
chosen  under  special  acts  of  the  Legislature,  shall  annually,  on 
the  first  day  of  December,  report  to  the  Superintendent  of  the 
Poor  of  their  respective  counties  such  statistics  as,  from  time  to 
time,  may  be  required  to  be  reported  in  the  other  cities  and 
towns  of  this  State,  under  the  general  laws  of  the  State. 

Annual  reports  when  to  be  made. 

§  3.  The  Superintendents  of  the  Poor  elected  or  appointed  in 
the  several  counties  of  the  State,  the  Superintendent  of  the 
Alms-house  of  the  county  of  Albany,  the  Keeper  of  the  Poor- 
house  of  the  county  of  Putnam,  and  the  Commissioners  of  Public 


City  of  Albany.  587 

Charities  and  CoiTectiou  of  tlie  city  and  county  of  New  York,  are 
hereby  required  to  make  annual  reports  for  their  respective 
counties  to  the  Secretary  of  State,  on  or  before  the  tenth  day 
of  January  of  each  year  (covering  the  year  ending  November 
thirty),  upon  the  statistics  of  the  poor  required  to  be  made  by  the 
acts  hereby  amended. 

Secretary  of  State  to  make  annual  report. 

§4.  The  Secretary  of  State  shall  annually,  on  or  before  the 
first  day  of  March,  report  to  the  Legislature  the  results  of  the 
information  obtained  in  pursuance  of  this  act. 

Duty  of  Superintendents  to  procure  certain  town  returns. 

§  5.  The  Superintendents  of  the  Poor  in  counties  in  which  there 
are  no  poor-houses,  or  in  which  the  distinction  between  town 
and  county  poor  has  been  revived,  are  hereby  directed  and 
required  to  procure  from  Supervisors,  and  Overseers  of  the  Poor 
in  the  several  towns  in  such  counties  the  statistics  necessary  to 
enable  them  to  make  the  annual  report  required  by  this  act. 

Secretary  of  State  to  furnish  forms  and  blanks. 

§  6.  The  Secretary  of  State  shall,  from  time  to  time,  furnish  the 
officials  named  in  the  first  and  second  sections  of  this  act  with 
the  necessary  forms,  Idauks  and  instructions  required  in  making 
up  reports  upon  the  statistics  of  the  poor. 

Compilation  of  poor  laws  to  be  published.— Distribution 
thereof. 
§  7.  The  Secretary  of  State  is  hereby  authorized  and  directed 
to  cause  this  act,  together  with  all  the  general  and  special  poot 
laws  now  in  force  in  this  State,  to  be  compiled  and  published, 
in  pamphlet  form,  with  such  notes  and  explanations,  forms  and 
instructions  adapted  to  the  several  systems  of  supporting  the 
poor  as,  in  his  opinion,  may  be  necessai-y,  and  that  he  cause  the 
same,  when  published,  to  be  distrilnited  to  Superintendents  and 
Overseers  of  the  Poor,  and  Keepers  of  Poor-houses  in  this  State, 
and  also  to  town  and  city  clerks,  county  clerks,  and  clerks  of 
Boards  of  Supervisors  of  this  State. 


5S8  Laws  Relaiing  to  Tut: 

CHAPTER  198  OF  THE  LAWS  OF  1883. 

An  Act  to  authorize  the  coininituieiit  of  infants  who  are  a 
county  charge  to  the  "House  of  Shelter"  and  "St.  Vinci'nt 
Female  Orplian  Asylum  "  in  tlie  city  of  Albany. 

Pasred  April  6,  1893;  thruc-flfths  being  present. 

The  People  of  the  State  of  New  York,  represented  hi  Senate  and  Assem- 
bly, do  enact  as  folloips  : 

Overseer  may  provide  for  support  of  infants  in  asylum  named. 
Section  1.  The  Overseer  of  the  Poor  in  tlie  city  of  Albany  is 
authorized,  in  his  disci-etion,  to  provide  for  the  support  and  care 
in  the  House  of  Shelter  and  St.  Vincent  Female  Orphan  Asylum, 
in  said  city,  of  indigent  infants  Avho  are  a  county  charge,  and 
until  such  infants  reach  the  age  of  three  years,  in  the  same  man- 
ner that  he  is  authorized  by  law  to  provide  for  the  support  and 
care  in  orphan  asylums  of  indigent  children  between  the  ages  of 
three  and  sixteen  years. 


CHAl'TER  301  OF  THE  LAWS  OF  1885. 

An  Act  to  define  the  duties  of  the  Overseers  of  the  Poor  and  the 
Superintendent  of  tlie  Alms-house  in  the  county  of  Albany  in 
certain  cases. 

Passed  May  21,  1885;    three-fifths  being  present. 

r    Tlie    People  of  the   State  of  JSew    York,    represented   in   Senate  and 
Assembly,    do  enact  as  follows: 

Temporary  aid. —  Entry  to  be  made. —  To  be  numbered. —  To 
transmit  same  to  Superintendent  of  Alms-house. 
Section  1.  It  shall  be  the  duty  of  each  Overseer  of  the  Poor  in 
the  county  of  Albany  who  shall  give  aid  or  relief  to  any  indigent 
person  from  any  temporary  relief  fund  in  his  possession  or  under 
his  control,  or  shall  at  the  expense  of  any  temporary  relief  fund 
commit  such  person  to  any  hospital  or  place  of  shelter,  to  enter 
in  a  suitable  book,  to  be  kept  by  him,  the  name  of  such  person 
nnd  such  other  statements  relating  to  him,  his  antecedents,  liis 
family,  his  present  and  former  residence  and  occupation,  and  the 
relief  afforded,  as  may  be  required  by  the  Superintendent  of  the 
Alms-house,  in  the  city  of  Albany,  or  may  be  designated  on 
blanks  to  be  furnished  by  said  Superintendent  on  application  by 


City  of  Albany.  539 

said  Overseers  to  him  therefor.  Said  statements  shall  be  con- 
secutively numbered  by  such  Overseer,  and  where  a  statement 
shall  have  been  once  made  as  to  any  such  person  it  shall  be 
sufficient  thereafter  at  any  time  during  one  year  from  January 
first  to  January  fii'st  to  refer  to  him  or  her  l)y  such  number, 
adding  thereto  a  statement  of  the  relief  given.  It  shall  l)e  the 
duty  of  each  such  Overseer  to  transmit  to  tlie  Superintendent  of 
the  Alms-house  in  the  city  of  Albany,  on  the  first  and  fifteenth 
days  of  each  month  (or  on  the  following  Monday  if  such  dates 
fall  on  Sunday),  on  blanks  to  be  furnished  by  the  Superintendent 
on  application  to  him  tlierefor,  clear  and  intelligent  copies  of  such 
statements  so  made  up  to  such  date,  and  a  reference,  by  the 
numbers  of  tlie  previous  statement,  to  all  persons  who  during  the 
previous  fifteen  days  have  been  a  second  or  further  time  assisted 
by  such  Overseer,  adding  to  sucli  number  a  statement  of  tlie 
relief  given. 

Inquiry  to  be  made  when  Superintendent  has  reason  to  believe 
person  not  chargeable  to  Albany  county,  and  person  to  be 
taken  to  alms-house. 

§  2.  It  sJiall  be  the  duty  of  the  Superintendent  of  the  Alms- 
house to  examine  such  statements,  and  whenever  he  has  reason 
to  believe  from  such  exam'ination  that  any  person  so  aided  or 
assisted  is  not  a  proper  charge  upon  Albany  county,  he  may 
direct  the  said  Overseer  to  make  further  inquiry  into  the  matter, 
which  it  shall  be  the  duty  of  such  Overseer  to  do  whenever 
requested  by  said  Superintendent,  and  also  to  make  further 
report  to  him.  In  any  case  in  which  the  Superintendent  of  the 
Alms-house  has  reasonable  cause  to  believe  that  any  such  person 
is  not  lawfully  a  charge  upon  Albany  county,  and  is  unable  to 
provide  for  himself  or  herself,  he  shall  direct  such  Overseer  of 
the  Poor  to  bring  such  person,  or  him  or  her,  together  with  his 
or  her  family,  to  the  alms-house;  which  said  Overseer  shall  forth- 
with do,  and  shall  receive  the  same  compensation  therefor  as 
is  provided  in  sections  three  and  four  of  chapter  three  hundred 
and  fifty-four  of  the  Laws  of  eighteen  hundred  and  elglity-four, 
entitled  "  An  act  to  provide  for  the  care,  transportation  and  com- 
mitment, and  the  payment  therefor,  of  lunatics,  idiots,  persons 
of  unsound  mind,  deaf-mutes,  orphans  and  paiipers,  the  expense 
of  whose  maintenance  and  transportation  is  a  charge  upon  the 
county  of  Albany,  and  to  define  the  duties  of  tlie  Su])orintcndent 
of  the  Alms-house  in  the  citv  of  Albany." 


540  Laws  Relating  to  the 

Action  to  be  taken  by  Superintendent  of  Alms-house. 

§  3.  Wliouover  sueli  iudigeut  person,  or  his  or  her  family,  shall 
be  so  brought  to  the  alms-house,  and  whenever  in  any  way  said 
Superintendent  of  the  Alnis-liouse  shall  have  reason  to  believe 
that  any  person,  not  a  lawful  charge  upon  Albany  county,  is  in 
said  county  and  unable  to  provide  for  his  or  her  care  or  support, 
and  in  danger  of  becoming  a  charge  upon  Albany  county,  it  shall 
be  the  duty  of  the  Superintendent  of  the  Alms-house  diligently 
to  inquire  as  to  liis  or  her  antecedents  and  present  condition,  and 
to  take  action  under  section  six  of  chapter  three  hundred  and 
fifty-four  of  the  Laws  of  eighteen  hundred  and  eighty-four,  to 
adjudge  him  or  her  to  be  a  State  pauper,  if  he  or  she  shall  be 
such,  or  shall  cause  him  or  her  to  be  delivered  to  the  Commis- 
sioners of  Emigration,  if  the  care  or  support  of  such  person  be 
properly  chargeable  to  them;  or  if  it  shall  appear  that  such  pei*- 
son  shall  not  have  gained  a  settlement  within  the  city  of  Albany 
in  the  manner  provided  by  section  twenty-nine  of  title  one  of 
cliapter  twenty  of  part  one  of  the  Revised  Statutes  of  this  State, 
as  amended  by  section  eight  of  chapter  three  hundred  and 
twenty  of  the  Laws  of  eighteen  hundred  and  thirty,  in  regard 
to  gaining  a  settlement  in  a  town,  and  has  come  from  some  other 
county  in  this  State,  or  some  town,  village  or  city  therein,  the 
said  Superintendent  of  the  Alms-house  shall,  by  a  notice  in  writ- 
ing addresed  to  any  Superintendent  of  the  Poor  of  such  county, 
or  to  the  Overseer  of  the  Poor  of  any  city,  village  or  town  therein 
from  which  such  person  has  come,  if  such  city,  village  or  town 
be  known,  notify  such  Superintendent  or  Overseer  that  such  per- 
son will  be  brought  befox'e  a  Police  Magistrate  of  the  city  of 
Albany,  or  the  Recorder  of  said  city,  or  the  County  Judge  of 
Albany  county,  at  a  place,  hour  and  day  in  said  notice  specified; 
and  that  an  examination  will  then  and  there  be  had  as  to  the 
place  from  which  such  person  has  come,  and  an  adjudication  will 
be  made  that  such  place  is  propei-ly  chargeable  with  the  care 
and  support  of  such  indigent  person,  and  of  his  or  her  family. 
Such  notice  shall  be  served  upon  the  officer  named  therein  at 
least  four  days  prior  to  the  time  so  specified  therein,  and  the 
same  proof  as  is  prescribed  in  the  case  of  the  service  of  a  sum- 
mons in  an  action  in  the  Supreme  Court  shall  be  sufficient  evi- 
dence of  the  service  of  such  notice.  Such  examination  shall,  after 
l)roof  of  the  service  of  such  notice,  be  accordingly  had  and  if 
it  shall  appear  to  such  magistrate.  Recorder  or  judge  that  such 
indigent  person,  or  such  person  or  his  or  her  family  has  come 


City  of  Albany.  541 

from  such  county,  or  of  any  city,  village  or  town  of  the  county 
of  such  Superiutcudeut,  or  of  the  villasc  city  or  town  of  the 
Overseer  so  notified,  as  aforesaid,  it  shall  be  the  duty  of  such 
magistrate,  llecorder  or  judge  to  adjudge  and  decide,  in  writing, 
that  such  person  and  his  or  her  fannly  is  properly  chargeal)le  to 
such  place.  If  such  magistrate.  Recorder  or  judge  shall  not  so 
decide,  it  shall  be  the  duty  of  the  Suptrintendent  of  the  Alms- 
house to  give  to  any  Superintendent  or  Overseer  attending  such 
examination,  pursuant  to  such  notice,  a  certificate  showing  the 
number  of  miles  traveled  by  him  for  the  purpose  of  attending 
such  hearing,  and  stating  the  sum  to  which  he  Is  entitled,  at  the 
rate  prescribed  by  sections  three  and  four  of  said  chapter  three 
hundred  and  fifty-four  of  the  Laws  of  eighteen  hundred  and 
eighty-four,  and  the  County  Treasurer  shall  pay  the  same  in  the 
same  manner  as  is  therein  prescribed  for  the  payment  of  cer- 
tificates issiied  by  said  Superintendent. 

Notice  to  be  given  after  decision  as  to  locality  chargeable. — 
Duty  of  Superintendent  or  Overseer  to  take  person,  etc., 
and  pay  expenses. —  Charge  for  maintenance  in  case  of 
failure  to  remove  person. —  Review  of  decision  by 
certiorari. 

S  4.  "SA'lienever  the  said  magistrate.  Recorder  or  County  Judge 
shall  decide  and  adjudge  that  such  indigent  person,  or  that  such 
indigent  person  and  his  or  her  family  are  chargeable  to  the 
county,  or  to  any  town,  or  village  or  city  in  the  county  of  the 
Superintendent,  or  to  the  town,  village  or  city  of  the  Overseer  so 
notified  as  aforesaid,  the  Superintendent  of  the  Alms-house  shall 
so  notify  such  Superintendent  or  Overseer  personally  or  by  a 
])ost-paid  letter  addressed  to  him  at  his  place  of  residence,  and 
shall  send  with  such  notice  a  copy  of  such  adjudication  and  decis- 
ion, and  a  statement  of  all  expenses  incurred  in  the  transporta- 
tion, care  and  support  of  such  indigent  person  and  of  his  or  her 
family,  of  the  mailing  of  which  the  atfidavit  of  the  per.son  deposit- 
ing the  same  in  the  post-oflice  shall  l)e  prima  facie  evidence.  It 
shall  be  the  duty  of  such  Superintendent  or  Overseer  so  notified 
as  foiesaJd,  to  forthwith  take  such  indigent  person  and  his  or 
her  family,  if  any,  to  his  county,  town,  village  or  city,  and  to  pay 
to  the  Superintendent  of  the  Alms-house  all  expenses  incurred 
as  aforesaid  by  Albany  county  in  the  trasnportation,  care  and 
support  of  said  indigent  person  and  his  or  her  family,  if  any. 
In  case  he  shall  fail  so  to  do.  the  Superintendent  of  the  Alms- 


542  Laws  Relating  to  the 

house  iii.-iy  cause  such  persou  aud  his  or  her  family,  if  any,  to  be 
transported  to  the  county  town,  village  or  city,  to  Avliich  he,  sne 
or  they  are  so  chargeable,  or  may  continue  to  keep,  maintain 
and  support  him,  her  or  them  at  the  Albany  Alms-house,  and 
shall  be  entitled  to  ciiarge  therefor  at  and  after  the  rate  of  tlii-ee 
dollars  per  week  for  each  person,  and  if  any  children  ;ire  by  law 
authorized  or  required  to  be  maintained  at  any  oi-phan  asylum, 
a  like  sum  for  each  such  child  or  person  so  maintained  at  such 
asylum;  all  expenses  of  the  transporation,  care  and  support  of 
such  indigent  person  and  of  his  or  her  family  so  adjudged  to  be 
properly  chargeable  to  such  other  county,  town,  city  or  village, 
shall  be  paid  l)y  the  chief  fiscal  officer  of  such  county,  town,  city 
or  village,  out  of  any  money  in  his  hands  Avhenever  a  statement 
thereof,  approved  by  a  magistrate.  Recorder  or  judge  authorized 
to  make  such  adjudication,  sliall  be  presented  to  him.  and  if  such 
indigent  person,  or  his  or  her  family,  sliall  remain  at  the  Albany 
alms-house  after  such  adjudication,  tliat  he  or  she  is  properly 
chargeable  to  such  other  place,  such  statements  when  so 
approved,  and  when  from  time  to  time  presented,  and  as  long  as 
said  person  shall  remain  at  said  alms-house,  shall  continue  to  be 
paid  by  said  fiscal  officer  of  said  county,  town,  village  or  city  so 
properly  chargeable  with  such  person  out  of  any  moneys  in  his 
hands.  Tlie  adjudication  and  decision  of  the  County  Judge, 
Recorder  or  other  magistrate  as  to  the  county  to  which  such  per- 
son is  chargeable  may  be  reviewed  by  any  party  thereto  or  public 
officer  interested  therein  upon  both  tlie  facts  and  the  law,  by  a 
certiorari  which  shall  be  made  returnable  at  a  Special  Term  of 
the  Supreme  Court  held  in  the  judicial  district  in  which  said 
adjudication  and  decision  shall  be  made. 

''  Overseer/'  whom  to  include. —  Penalty  for  willful  neglect. 

§  5.  The  word  overseer  as  used  herein  shall  apply  to  aud 
include  the  person,  by  whatever  name  designated,  who  has  the 
charge  and  supervision  of  the  pauper  poor  in  any  locality  less 
than  a  county,  and  also  in  any  case  in  which  the  boundaries  of 
any  city  are  co-terminal  with  the  boundaries  of  a  county.  Any 
willful  neglect  on  the  part  of  any  public  officer  to  comply  with 
the  provisions  of  this  law  is  hereby  declared  to  be  a  misde- 
meanor and  punishable  as  such. 


CiTT  OF  Albany.  543 

Time  passed  in  alms-house  not  to  be  counted  in  fixing  resi- 
dence. 
S  6.  Xo  period  of  tiuu'  passed  l»y  any  person  iu  any  alms-house, 
penitentiary,  hospital  or  other  place  of  shelter  in  Albany  county, 
where  his  or  her  maintenance  or  support  is  a  charge  upon  the 
public,  shall  be  counted  or  considered  in  determining  his  or  her 
residence  or  settlement,  or  the  residence  or  settlement  of  his  or 
her  family,  or  the  obligation  or  liability  of  any  other  place, 
board,  body  or  commission  to  receive,  take  back,  provide  for, 
transport,  maiutain  or  support  such  person  or  his  or  her  family. 


CHAPTP]R  354  OF  THE  LAWS  OF  1884. 

Au  Acl  to  i)rovid(-  lor  the  care,  transportation  and  comiuitment, 
and  the  payment  therefor,  of  lunatics,  idiots,  persons  of 
unsound  mind,  deaf-mutes,  orphans  and  paupers,  the  expense 
of  whose  maintenance  and  transportation  is  a  charge  upon  the 
county  of  Albany  and  to  define  the  duties  of  the  Superintendent 
of  the  Alms-house  in  the  city  of  Albany. 

Passed  May  24,  1884;    three-fifths  being  present. 

The  People  of  the  State  of  New  York,  reprei^ented  in  Senate  and 
Assembly,  do  enact  as  foVoics: 

Overseers  to  deliver  pauper  lunatics,  etc.,  to  Supei'intendent  of 
Alms-house. 

"Section  1.  It  shall  be  the  duty  of  the  Overseers  of  the  Poor 
of  the  several  towns  in  the  county  of  Albany,  of  the  village  of 
West  Troy,  and  of  the  city  of  Cohoes  and  of  the  city  of  Albany, 
whenever  any  lunatic,  idiot,  person  of  unsound  mind,  deaf-mute, 
or  pauper  within  the  jurisdiction  of  such  officers  respectively 
shall  be  or  become  by  law  chargeable  to  the  county  of  Albany 
and  shall  be  law'fully  committed  to  the  alms-house  or  any 
asylum  or  other  place  provided  for  the  safe  keeping  of  such  pei*- 
sons,  to  transport  such  persons  (subject,  in  case  of  their  sickness, 
lameness  or  other  disability,  to  the  provisions  of  section  forty- 
two  of  title  one  of  chapter  twenty  of  part  one  of  the  Revised 
Statutes  of  this  State)  to  the  city  of  Albany,  and  deliver  him  or 
her  to  the  Superintendent  of  the  Alms-house  in  the  said  city, 
as  hereinafter  provided  for.  Whenever  notified  by  any  such 
Overseer  that  any  such  person  has  or  is  about  to  arrive  by  any 
public  conveyance  at  any  place  In  the  city  of  Albany,  and  when- 


544  Laws  Relating  to  the 

ever  notilied  by  the  Overseci-  of  the  Toor  of  the  city  of  Albany 
that  any  such  person  is  witliin  tlie  said  city  it  shall  be  the  duty 
of  the  said  Superintendent  to  send  for  .ind  cause  such  person  to 
be  transported  to  tlie  alms-house  in  said  city,  or  to  the  asylum 
or  other  place  wliei-e  lie  is  lawfully  committed,  in  a  proper  con- 
veyance to  be  kei)t  at  sucli  alms-liouse  I'or  that  ]»urpose. 

Duty  as  to  children  liable  to  become  a  county  charge,  proceed- 
ings, etc. —  Overseer  to  transport  child  to  alms-house,  etc. 
§  2.  Whenever  any  cliild  sliall  be  or  liecome  in  danj,'er  of  becom- 
ing a  charge  upon  the  county  of  Albany,  it  shall  be  the  duty  of 
the  Overseer  of  the  Poor  having  jurisdiction  in  the  place  of  the 
residence  for  the  time  being  of  such  child,  to  take  such   child 
before  some  magistrate,  who  shall  examine  such  child  and  shall 
cause  to  appear  before  him  and  shall  examine  such  other  per- 
sons under  oath  as  shall  be  acquainted  Avith  the  parentage,  con- 
dition   and    circumstances  of    such   child,   and   shall   ascertain 
among  otlier  things  the  full  name,  and  the  residence  by  town, 
village  or  city,  and  by  road,  street  or  street  number  if  possible, 
of  such  child,  his  or  her  age,  nationality,  color  and  sex,  the  name 
of  its  father,  his  occupation  or  employment,  and  whether  he  be 
living  or  not,  and  if  dead,  the  date  of  his  death;  the  name  of  its 
mother  and  whether  living  or  not,  and  if  dead,  the  date  of  her 
death,  the  last    residence    and    nationality  of    said    father   and 
mother,  and  the  length  of  their  residence  in  this  county,  and  the 
present  residence  of  such  child  and  the  person  with  whom  he  or 
she  resides,  and  whether  any  person  is  properly  chargeable  with 
the  expense  of  its  support,  and  the  reasons,   if  any,  why  such 
child  is  and  should  be  a  charge  upon  the  county  of  Albany,  and 
shall  reduce  such  examination  to  writing,  and  cause  the  same 
to  be  subscribed  by  the  person  examined.     It  shall  be  the  duty 
of  such  Overseer  in  case  any  person  be  properly  chargeable  with 
the  support  of  such  child,  and  able  to  support  it,  to  take  proceed- 
ings to  compel  such  person  to  provide  therefor.    In  case  no  such 
person  be  so  chargeable  with  the  support  of  such  child,  the  said 
magistrate  shall  deliver  such  examination  so  had  before  him  and 
reduced  to  waiting  as  aforesaid  to  the  said  Overseer  of  the  Poor, 
who  shall  transmit  the  same  to  the  Superintendent  of  the  Alms- 
house.   If  such  Superintendent  shall  find  that  the  expense  of  the 
support  of  such  child  is  a  proper  charge  against  the  county  of 
Albany,  he  shall  transmit  to  said  Overseer  (except  to  the  Over- 
seer of  the  Poor  of  the  city  of  Albany),  a  commitment  in  writing, 


CiTT  OF  Albany.  545 

committing  sucli  cliild  to  the  alms-house  or  to  some  incorporated 
institution  specially  authorized  by  law  to  receive  orphan  poor,  or 
in  any  case  may  temporarily  receive  such  such*  child  at  the  alms- 
house until  a  proper  disposition  can  be  made  of  it.  The  institu- 
tion so  to  be  selected  shall,  except  under  special  and  peculiar  cir- 
cumstances to  be  stated  in  the  commitment,  be  one  located  in  the 
county  of  Albany,  and  whenever  practicable  shall  be  one  gov- 
erned or  controlled  by  persons  of  the  same  religious  faith  as  the 
parents  of  the  child  who  may  be  committed  thereto.  If  the  child 
be  over  two  years  of  age  it  shall  not  in  any  case  be  committed  to 
the  alms-house,  nor  shall  any  children  committed  to  any  asylum 
or  other  institution  be  transferred  to  any  other  asylum  or  insti- 
tution without  a  written  commitment  to  such  other  asylum  or 
institution  made  by  the  Superintendent  of  the  Alms-house.  It 
shall  be  the  duty  of  such  Overseer  forthwith  to  transport  such 
child  to  the  alms-house  or  to  such  institution,  and  in  the  latter 
case  to  take  from  tlie  proper  authorities  thereof  a  receipt  in 
writing,  stating  the  full  name,  sex  and  age,  and  date  of  receipt 
of  such  child.  On  presentation  of  such  child  at  the  alms-house 
or  transmission  of  such  receipt  from  such  institution  to  the 
Superintendent  of  the  Alms-house,  he  shall  give  or  transmit  to 
such  Overseer  a  receipt  similar  to  the  receipt  mentioned  in  sec- 
tion tliree  of  this  act,  under  which  the  said  Overseer  shall  be 
paid  by  the  County  Treasurer  of  Albany  county  as  hereinafter 
provided.  All  orders  made  by  the  Superintendent  of  the  Alms- 
house for  the  commitment  of  orphan,  destitute  and  dependent 
children  to  an  orphan  asylum,  luider  the  provisions  of  this  act, 
shall  lapse  and  become  void  on  the  first  day  of  October  next 
after  the  date  on  which  they  were  issued,  but  the  said  Superin- 
tendent may,  within  ten  days  next  px'eceding  the  first  day  of 
October  in  any  year,  if  on  inquiry  and  investigation  by  him  good 
and  sufficient  reasons  therefor  be  found  to  exist,  grant  a  new 
order  of  commitment  authorizing  the  further  detention  and  sup- 
port of  any  such  child  in  any  orplian  asylum  for  the  period  of  one 
year  from  the  expiration  of  his  previous  order. 

Superintendent  to  give  receipt  for  child. —  Entry  to  be  made. 
§  3.  It  shall  be  the  duty  of  the  said  Superintendent  to  give  to 
the  Overseer  of  the  Poor  for  each  person  so  received  by  him 
under  section  one  of  this  act,  and  for  each  orphan  committed 
under  the  provisions  of  section  two  of  this  act.  a  receipt  stating 

•So  in  origrinal. 

35 


546  Laws  Relating  to  the 

the  name  of  the  said  Overseer,  the  name  and  last  place  of  resi- 
dence of  the  person  received  from  such  Overseer  or  delivered  by 
him  at  any  asylum  or  other  place,  and  the  date  of  such 
receipt  or  delivery,  and  the  number  of  miles  properly  ti-aveled  by 
any  public  conveyance,  and  the  number  of  miles  properly 
traveled  by  private  conveyance  by  such  Overseer  in  bringing 
such  person  to  the  city  of  Albany,  or  to  the  asylum  to  which  he 
or  she  is  committed,  and  the  amount  to  which  such  Overseer  is 
entitled  therefor  at  the  rate  of  compensation  therefor  herein- 
after stated.  The  said  Superintendent  shall  also  in  all  cases 
make  an  entry  of  the  aforesaid  and  of  such  other  facts  connected 
with  the  case  as  shall  enable  him  to  make  the  reports  to  the 
County  Treasurer  and  Supervisors  hereinafter  mentioned,  in  a 
book  or  books  of  record  to  be  kept  by  him  for  that  purpose  and 
wliieh  shall  be  and  constitue  public  records. 

Paym.ents  to  Overseer. —  Amount. —  Treasurer  to  report  to 
Board  of  Supervisors. 
§  4.  It  shall  be  the  duty  of  the  County  Treasurer  of  the  county 
of  Albany  to  pay  out  of  the  county  moneys  in  his  hands,  to  the 
Overseer  of  tlie  Poor,  who  shall  present  and  file  with  him  the 
aforesaid  receipt  of  the  Superintendent  of  the  Alms-house, 
indorsed  with  a  proper  receipt  subscribed  by  such  Overseer  for 
the  amount  to  be  thus  paid,  and  dated  at  the  date  of  such  pay- 
ment the  following  sums  and  no  other  or  different  sums,  to  wit: 
For  each  mile  traveled  upon  any  public  conveyance,  the  actual 
disbursements  incurred  in  coming  and  returning,  and  for  each 
mile  necessarily  traveled  by  any  other  mode  of  conveyance 
(other  than  the  alms-house  conveyance),  where  no  mode  of  pub- 
lic conveyance  exists,  but  not  in  any  other  case,  the  sum  of  fifty 
cents  for  each  such  mile,  counting  one  way  only  for,  for  the  first 
ten  miles,  and  for  each  mile  in  excess  of  such  first  ten  miles,  the 
sum  of  twenty-five  cents  per  mile,  counting  one  way  only;  and  in 
addition,  such  Overseer  shall  be  paid  for  his  services  such  per 
diem  or  other  compensation  by  his  town  or  city  as  he  now  may  be 
by  law  entitled  to  therefor.  The  Overseer  of  the  Poor  of  the  city 
of  Albany  shall  not  receive  any  compensation  for  any  such  ser- 
vices under  this  act.  And  any  person  mentioned  in  sections  one 
and  two  of  this  act,  who  shall  be  or  reside  in  the  city  of  Albany, 
shall  be  transported  and  conveyed  in  accordance  with  the  pro- 
visions of  this  act  by  the  Superintendent  of  the  Alms-house,  and 
not  by  the  Overseer  of  the  Poor  in  said  city.    The  said  County 


CiTT  OF  Albast.  547 

Treasurer  shall  report  to  the  Board  of  Supervisors  of  Albany 
founty,  at  the  opening  of  its  annual  session  in  each  year,  a  state- 
ment in  tabular  form  showing  the  facts  stated  in  the  receipts 
given  by  the  said  Superintendent,  and  the  dates  of  payment,  and 
the  payments  thereunder  up  to  November  first,  prior  to  such 
report. 

Duty  of  Superintendent  to  receive  and  keep  persons  delivered 
to  him,  etc. 
§  5.  The  Superintendent  of  the  Alms-house  to  whom  any  such 
person  mentioned  in  the  first  section  of  this  act  shall  be  so  deliv- 
ered, shall  receive  such  person  at  the  alms-house,  and  there 
safely  keep  him  or  her;  and  in  a  proper  case  where  such  com- 
mitment is  authorized  by  law,  may  commit  such  person  to  any 
incorporated  asylum  authorized  by  law  to  receive  such  person, 
and  shall  cause  such  person  to  be  taken  to  such  asylum  or  other 
place,  provided,  however,  and  the  said  Superintendent  is  hereby 
authorized  and  directed  to  exercise  such  reasonable  discretion 
as  to  the  time  of  transportation  of  such  persons  as  shall  enable 
him  to  collect  together  such  reasonable  number  of  such  persons 
for  transportation  together,  as  shall  lessen  as  much  as  possible 
the  expense  thereof.  He  shall  also  attend  to  the  removal  of 
lunatics,  idiots,  persons  of  unsound  mind,  and  deaf  mutes  from 
one  asylum  to  another  when  such  removal  shall  be  authorized 
or  required  by  law  to  be  made.  Hereafter  no  person  being  in 
indigent  circumstances  or  a  pauper  shall  be  admitted  to  any 
hospital,  asylum,  institution,  home  or  retreat  in  which  the  board, 
instruction,  care,  treatment  or  clothing  of  such  person  is  a  charge 
upon  the  county  of  Albany,  except  upon  the  written  order  or  cer- 
tificate of  the  Superintendent  of  the  Alms-house,  anything  con- 
tained in  any  law  of  this  State  to  the  contrary  notwithstanding. 

Inquiries  as  to  antecedents  of  persons. 

§  6.  It  shall  be  the  duty  of  the  Superintendent  to  make  diligent 
inquiry  as  to  the  antecedents  and  previous  condition  and  resi- 
dence of  all  persons  delivered  to  him;  and  whenever  it  shall 
appear  to  said  Superintendent  that  any  person  sent  to  or  con- 
fined in  the  alms-house  in  the  city  of  Albany,  or  confined  in  any 
idiot,  lunatic  or  orphan  asylum  at  the  expense  of  the  county  of 
Albany,  is  a  State  pauper,  or  is  properly  chargeable  to  some 
county  other  than  Albany  county,  it  shall  be  the  duty  of  the 
said  Superintendent,  and  he  is  hereby  authorized  and  directed 


548  Laws  Relating  'lo  the 

to  adjudge  such  person  to  bo  a  State  pauper,  or  to  take  all  proper 
procoediugs  to  make  his  support  chargeable  to  such  other  county. 

Amount  to  be  allowed  Superintendent. 

§  7.  The  said  Superintendent  shall  be  allowed  the  sum  of  five 
hundred  dollars  each  six  months,  beginning  January  first  and 
July  first  in  each  year,  for  the  payment  of  the  services  of  the 
proper  persons  to  transport  the  persons  mentioned  in  sections 
one  and  two  of  this  act  and  to  perform  the  clerical  services 
hereby  required,  to  be  paid  by  the  County  Treasurer  of  Albany 
county,  on  the  requisition  of  such  Superintendent.  The  County 
Treasurer  shall  also  pay,  on  the  requisition  of  said  Superin- 
tendent, not  exceeding  two  hundred  dollars,  for  the  purchase  of 
a  proper  conveyance  for  the  transportation  of  the  said  persons. 

Superintendent  to  make  quarterly  reports. —  Tabular  statement 
to  Supervisors.. —  Treasurer  to  examine  accounts. 
§  8.  The  Superintendent  shall  report  on  the  first  day  of  each 
February,  May,  August  and  November,  in  tabular  form,  to  the 
County  Treasurer  of  Albany  county,  the  name,  sex,  age,  color 
and  nationality  of  each  lunatic,  idiot,  person  of  unsound  mind, 
or  deaf-mute  received,  or  child  committed  by  him  under  the  pro- 
visions of  this  act,  during  the  previous  three  months,  the  nature 
of  the  malady,  if  any,  of  such  person,  the  Overseer  of  the  Poor 
from  whom  such  person  was  received,  the  place  from  which  such 
person  M^as  brought,  the  date  of  such  receipt,  and  the  asylum  or 
other  place  where  such  person  is  confined,  and  the  disburse- 
ments, if  any,  attending  the  transportation  of  such  person;  and 
in  the  case  of  children  committed  to  an  asylum,  the  further  facts 
shown  by  the  examination  before  the  magistrate  mentioned  in 
section  two  of  this  act.  In  addition  to  the  above  mentioned 
report,  the  said  Superintendent,  on  the  first  day  of  November,  in 
each  year,  shall  make  a  similar  tabular  statement  to  the  Board 
of  Supervisors  of  Albany  county,  giving  the  names  of  all  the 
persons  confined  at  any  time  during  such  year,  at  whatever  time 
they  may  have  been  committed,  in  which  the  names  of  the  per- 
sons shall  be  placed  under  the  names  of  the  asylum  or  other 
places  in  which  they  shall  be  respectively  confined;  which  state- 
ment shall  contain  all  the  matters  and  facts  set  forth  in  the 
aforesaid  quarterly  report;  and,  further,  the  date  of  the  original 
commitment  of  such  persons,  the  date  of  their  discharge,  if  they 
be  discharged  during  the  year,  and  the  length  of  time  during  the 


City  of  Albaisy.  549 

year  that  they  have  been  confined,  and  the  amount  due  to  the 
institution  or  corporation  in  which  they  liave  been  confined; 
which  last  mentioned  report  of  November  first  shall  be  filed  with 
the  Clerk  of  the  Board  of  Supervisors  of  Albany  county,  and  be 
by  him  presented  to  said  board  at  the  opening  of  its  then  next 
annual  session,  and  be  printed  in  the  proceedings  thereof.  The 
County  Treasurer  shall  examine,  quarterly,  an  account  of  the 
disbursements  attending  the  transportation  of  the  persons  men- 
tioned in  section  one  of  this  act,  which  shall  be  made  out  in 
detail  and  verified  by  the  Superintendent  of  the  Alms-house  in 
the  form  in  which  claims  against  the  county  of  Albany,  pre- 
sented to  the  Board  of  Supervisors  thereof,  are  required  by  law 
to  be  verified,  and  shall  audit  and  allow  the  same  at  such  sum 
as  in  his  opinion  shall  be  reasonable,  and  shall  pay  the  amount 
so  allowed  by  him  from  the  County  Treasurer. 

Institutions,  etc.,  to  report. 

§  9.  It  shall  be  the  duty  of  all  institutions  and  asylums  receiv- 
ing from  Albany  county  any  persons  mentioned  in  sections  one 
and  two  of  this  act  to  make  report  to  the  said  Superintendent, 
when  required  by  him  so  to  do,  of  any  matters  and  facts  relating 
to  the  confinement  or  condition  of  such  persons. 

Besidence  not  to  be  gained. 

§  10.  No  person  shall  by  a  commitment  to  or  residence  in  the 
alms-house,  penitentiary  or  jail  in  the  city  of  Albany  gain  a 
residence  in  the  county  of  Albany,  nor  shall  the  time  of  his  resi- 
dence therein  be  considered  in  any  case  in  determining  his 
residence. 

Overseers  of  Poor,  etc.,  to  notify  County  Treasurer  as  to  owner- 
ship of  property  by  lunatics,  etc. —  County  Treasurer,  his 
duty  as  to  recovery  for   support   of   such  lunatics,   etc. — 
Applications  to  Supreme  Court  in  certain  cases  as  to  prop- 
erty, etc. —  Judge  authorized    to    make    order. —  Duty    of 
Treasurer  thereupon. —  Trial  of  issue  by  jury  authorized. 
§  11.  Whenever  it  shall  be  made  to  appear  or  become  known  to 
any  Overseer  of  the  Poor  or  person  charged  with  the  duties  of 
Overseer  of  the  Poor  in  any  town,  village  or  city  in  the  county 
of  Albany,  or  to  the  Superintendent  of  the  Alms-house  in  the 
city  of  Albany,  that  any  lunatic,  idiot,  person  of  unsound  mind, 
deaf-mute,  orphan  or  pauper,  who  is  or  has  been  supported  or 


550  Laws  Relating  to  the 

maintained,  in  whole  or  in  part,  by  or  at  tlie  expense  of  the 
county  of  Albany,  is  the  owner  or  possessor  of,  or  entitled  to 
any  property,  right  of  action,  claim  or  demand,  or  that  such  indi- 
gent person  has  died  possessed  thereof  or  entitled  thereto,  it  shall 
be  the  duty  of  such  Superintendent  of  the  Alms-house,  Overseer 
of  the  Poor,  or  other  person,  forthwith  to  notify  in  writing  the 
County  Treasurer  of  the  county  of  Albany  of  such  fact. 

An  in  such  case  such  County  Treasurer  shall  take  proceedings 
at  law  for  the  recovery  of  and  shall  be  entitled  to  recover  the 
amount  theretofore  expended  by  the  county  of  Albany  for  or 
toward  the  support  or  maintenance  of  such  lunatic,  idiot,  person 
of  unsound  mind,  deaf-mute,  orphan  or  pauper  against  the  per- 
son, body  or  corporation  having  or  holding,  on  behalf  of  such 
indigent  person,  such  property,  right  of  action,  claim  or  demand, 
and  to  charge  the  same  with  and  make  suitable  allowance  and 
provision  therefrom  for  the  future  support  and  maintenance  of 
such  indigent  person.  If,  after  inquiry,  such  County  Treasurer 
cannot  find  any  person,  body  or  corporation  legally  holding  such 
property,  right  of  action,  claim  or  demand  on  behalf  of  such 
indigent  person,  it  shall  be  his  duty  to  present  to  a  judge,  or  at 
a  Special  Term  of  the  Supreme  Court,  a  petition  setting  forth  the 
facts,  and  thereupon,  on  notice  to  each  indigent  person  and  to 
any  other  person  or  persons,  body  or  corporation,  if  any,  as  the 
judge  or  court  shall  order,  to  apply  for  and  said  court  or  judge 
is  authorized  to  make  an  order  directing  said  County  Treasurer 
to  take  into  his  custody  and  possession  and  hold  any  such  prop- 
erty, right  of  action,  claim  or  demand  and  any  rents,  income, 
interest  or  increase  thereof,  in  trust  for  such  indigent  person, 
and  to  enforce  in  his  name  of  office  namely:  "  The  County  Treas- 
urer of  the  county  of  Albany — "  his  right  to  such  custody  and 
possession,  and  in  like  manner  the  amount  due  or  secured  to  be 
paid  by  any  such  right  of  action,  claim  or  demand  as  the  same 
shall  at  any  time  or  from  time  to  time,  mature  and  become  due 
or  payable.  And  the  said  County  Treasurer  is  hereby  authorized 
and  directed  to  take  the  same  into  his  custody  and  possession, 
and  his  receipt  therefor  shall  be  a  sufficient  discharge  from 
liability  to  the  party  holding  the  same,  and  the  judge  or  court 
may  in  such  order  or  from  time  to  time  by  any  other  or  further 
order  upon  like  notice  direct  that  any  money  theretofore  paid 
out  by  the  county  of  Albany,  for  the  maintenance  or  support  of 
such  indigent  person,  be  repaid  to  the  county  out  of  his  or  her 
said  property,  and  that  proper  provision  for  future  support  be 
made  therefrom. 


City  of  Albany.  55  L 

In  case  such  indigent  person  shall  die  and  no  executor  or 
administrator  of  his  estate  shall  be  appointed,  the  County  Treas- 
urer of  Albany  county  is  authorized  and  directed  to  apply  to  the 
proper  Surrogate  for  letters  of  administration  upon  his  or  her 
estate,  and  shall  be  by  said  Surrogate  appointed;  but  no  bond  or 
obligation  for  the  faithful  performance  of  the  duties  of  his  trust 
shall  be  required  of  him.  This  section  shall  not  apply  to  or 
affect  the  earnings,  wages  or  salary  of  any  such  indigent  person, 
earned  subsequent  to  the  time  that  such  indigent  person  ceases 
to  be  a  charge  upon  such  county. 

If  in  any  proceeding  taken  or  had  under  this  act,  either  or  any 
party  in  interest  shall  demand  a  trial  by  jury  of  any  issue  or 
question  involved,  it  shall  be  the  duty  of  the  judge  or  couil  to 
make  an  order  directing  that  such  issue  or  question  be  tried  at 
the  next  Circuit  Court  of  the  Supreme  Court  held  in  his  county 
and  the  same  shall  be  there  tried  and  disposed  of  and  proper 
relief  be  there  given. 

(As  amended  by  chapter  300,  Laws  of  1885,  and  chapter  387,  Laws 
of  1886,  sec.  1.) 

§  12.  It  shall  be  the  duty  of  the  County  Treasurer  of  the  county 
of  Albany  to  include  in  the  county  tax  budget  submitted  by  him 
each  year  to  the  Board  of  Supervisors  of  said  county,  and  the 
duty  of  said  Board  to  levy  by  tax  and  collect  from  the  taxable 
property  of  said  county,  and.  when  collected,  the  said  County 
Treasurer  shall  pay  over  to  the  Overseer  of  the  Poor  of  each  of 
the  towns  of  Berne,  Bethlehem,  Coeymans,  Guilderland,  Knox, 
New  Scotland,  Rensselaerville  and  Westerlo,  in  the  county  of 
Albany,  each  year  the  sum  of  three  hundred  and  ninety  dollars 
to  each,  which  sum  shall  be  by  said  overseer  expended  in  the 
relief  of  all  persons  whose  care  is  chargeable  to  said  county, 
under  the  provisions  of  section  forty-two  of  title  one  of  chapter 
twenty  of  part  one  of  the  Revised  Statutes  of  this  State,  and  the 
balance  thereof  shall  be  expended  for  the  temporary  relief  of 
the  poor  of  said  town  and  shall  be  accounted  for  by  the  said 
Overseer  of  the  Poor  in  like  manner,  as  he  is  now  by  law 
required  to  account  for  any  temporary  relief  fund  raised  in  said 
town. 

(As  amended  by  chapter  387,  Laws  of  1886,  sec.  2.) 

§§  13  and  14.  [Repealed  by  chapter  387,  Laws  of  1886,  §  3.] 
§  15.  This  act  shall  take  effect  immediately. 


552  Laws  Relating  to  the 

CHAPTER  392. 

An  Act  to  authorize  the  corporation  of  the  city  of  Albany  to  close 
Cortland  street  in  said  city  between  Lake  avenue  and  Ontario 
street. 

Passed  May  15,  1886;    three-fifths  being  present. 

The  People  of  the  State  of  New  York,  represented  in  Senate  and 
Assembly,  do  enact  as  follows: 

Closing  of  part  of  Cortland  street  authorized. 

Section  1.  The  corporation  of  the  city  of  Albany,  is  hereby, 
authorized,  whenever  they  shall  deem  the  same  advisable,  to 
close  up  that  part  of  Cortland  street  in  the  Sixteenth  Ward  of 
said  city  of  Albany,  situate  between  Lake  avenue  and  Ontario 
street.  And  whenever  the  Common  Council  of  said  city  shall, 
under  the  authority  of  this  act,  by  an  ordinance  passed  in  the 
usual  manner,  declare  the  portion  of  said  Cortland  street  above 
described  closed,  the  same  thenceforth  shall  be  closed,  and  the 
public  shall  no  longer  have  a  right  of  way  over  the  same. 

Right  of  way,  how  released. 

§  2.  The  said  corporation  may  grant  or  release  the  right  of  way 
over  the  portion  of  the  street  hereby  authorized  to  be  closed  to 
the  owners  of  the  adjacent  lots,  in  whom  shall  be  the  title  to 
the  soil  of  that  portion  of  the  street  so  closed  up,  at  the  time  the 
same  is  closed. 

Conditions  upon  which  street  to  be  closed. —  Conveyance  of 
Woodlawn  avenue  required. —  Releases  how  approved  and 
filed. 

§3.  No  ordinance  shall  be  passed  by  the  Common  Council  of 
the  city  of  Albany  closing  any  part  of  Cortland  street  as  author- 
ized by  section  one  of  this  act  until  the  owners  of  the  property 
fronting  on  the  portion  of  Cortland  street  so  to  be  closed  shall 
have  all  executed  and  filed  with  the  Clerk  of  the  Common  Coun- 
cil of  the  city  of  Albany  a  release  of  all  and  every  claim  against 
the  city  of  Albany  on  account  of  or  arising  out  of  the  closing 
thereof,  and  until  the  owners  of  that  strip  of  land  known  as 
Woodlawn  avenue,  as  laid  down  on  a  map  filed  in  the  Albany 
County  Clerk's  office,  .Tune  twenty-second,  eighteen  hundred  and 
seventy-six,  by  Levi  Moore  and  others,  purporting  to  be  a  copy  of 
a  map  made  by  Lawrence  Black,  shall  execute  and  deliver  to  the 


City  of  A  lb  as  y.  553 

Clerk  of  the  Common  Council  of  the  city  of  Albany  for  the  city 
of  Albany  a  conveyance  or  conveyances  is*  fee-simple  absolute 
of  said  strip  of  land  known  as  Woodlawn  avenue  to  the  city  of 
Albany.  Said  strip  of  land  as  so  conveyed  to  be  at  least  seventy- 
five  feet  in  width  its  entire  length  and  to  extend  from  the  New 
Scotland  plank-road  to  Ontario  street  on  a  line  parallel  to  Cort- 
land street.  Said  release  and  conveyance  shall  be  first  approved 
by  the  Corporation  Counsel  of  the  city  of  Albany,  and  shall  not 
be  filed  as  above  provided  unless  indorsed  with  his  written 
approval. 

§  4.  This  act  shall  take  effect  immediately. 


CHArTER  28. 

An  Act  to  authorize  the  corporation  of  the  city  of  Albany  to 
close  Cortland  street  in  said  city,  between  Ontario  street  and 
Partridge  street. 

Became  a  law  without  the  approval  of  the  Governor,  in  accordance 
with  the  provisions  of  article  four,  section  nine  of  the  Constitution, 
February  24,  1891.    Passed,  three-fifths  being  present. 

TJie  People  of  the  State  of  Ntic  York,  represented  in  Senate  and 
Assembly,  do  enact  as  follows: 

Section  1.  The  corporation  of  the  city  of  Albany  is  hereby 
authorized,  whenever  it  shall  deem  the  same  advisable,  to  close 
up  that  part  of  Cortland  street  in  the  Sixteenth  Ward  of  said  city 
of  Albany,  situate  between  Ontario  street  and  Partridge  street. 
And  whenever  the  Common  Council  of  said  city  shall,  under  the 
authority  of  this  act,  by  an  ordinance  passed  in  the  usual 
manner,  declare  the  portion  of  said  Cortland  street  above 
described  closed,  the  same  thenceforth  shall  be  closed,  and  the 
public  shall  no  longer  have  a  right  of  way  over  the  same. 

§2.  The  said  corporation  may  grant  or  release  the  right  of 
way  over  the  portion  of  the  street  hereby  authorized  to  be 
closed,  to  the  owners  of  the  adjacent  lots,  in  whom  shall  be  the 
title  to  the  soil  of  that  portion  of  the  street  so  closed  up.  at  the 
time  the  same  is  closed. 

§3.  No  ordinance  shall  be  passed  by  the  Common  Council  of 
the  city  of  Albany  closing  any  part  of  Cortland  street,  as  author- 
ized by  section  one  of  this  act,  until  the  owners  of  the  property 
fronting  on  the  portion  of  Cortland  street  so  to  be  closed,  shall 

*So  in  the  original- 


554  Laws  Relating  to  the 

have  all  executed  and  filed,  with  the  Clerk  of  the  Common  Coun- 
cil of  the  city  of  Albany,  a  release  of  all  and  every  claim  against 
the  city  of  Albany  on  account  of  or  arising  out  of  the  closing 
thereof,  and  until  the  owners  of  that  strip  of  land  known  as 
Woodlawn  avenue,  as  laid  down  on  a  map  made  by  Horace 
Andrews,  City  Engineer  of  the  city  of  Albany  in  proceedings, 
entitled  "  in  the  matter  of  acquiring  title  to  lands  which  are 
deemed  necessary  for  the  opening,  continuing  and  extending  of 
Myrtle  avenue,  Park  avenue,  Warren  street,  Mercer  street,  Provi- 
dence street  and  Woodlawn  avenue,  from  Quail  street  to  Par- 
tridge street,  in  the  city  of  Albany,"  shall  execute  and  deliver  to 
the  Clerk  of  the  Common  Council  of  the  city  of  Albany  for  the 
city  of  Albany  a  conveyance  or  conveyances  in  fee  simple  abso- 
lute of  said  strip  of  land  known  as  Woodlawn  avenue  to  the 
city  of  Albany.  Said  strip  of  land  as  so  conveyed  to  be  at  least 
seventy-five  feet  in  width,  its  entire  length,  and  to  extend  from 
Ontario  street  to  Partridge  street,  on  a  line  parallel  to  Cortland 
street  and  in  continuation  of  said  Woodlawn  avenue  as  conveyed 
to  the  city  of  Albany  by  John  Bridgeford  and  others,  by  deed 
dated  September  thirty,  eighteen  hundred  and  eighty-six,  and 
recorded  in  the  Albany  County  Clerk's  office,  Book  of  Deeds 
number  three  hundred  and  eighty-six,  on  page  three  hundred 
and  thirty-seven,  et  cetera.  Said  release  and  conveyance  shall 
be  first  approved  by  the  Corporation  Counsel  of  the  city  of 
Albany,  and  shall  not  be  filed  as  above  provided  unless  indorsed 
with  his  written  approval. 
§  4.  This  act  shall  lake  effect  immediately. 


CHAPTER  224. 

An  Act  to  provide  for  a  public  market  in  the  city  of  Albany. 

Passed    April    27,    1887;      three-fifths    being    present;     without    the 
approval  of  the  Governor.* 

The  People  of  the   State  of  New    York,  reiyresented   in  Senate  and 
Assembly,  do  enact  as  folloics: 

Commissioners  to  select  market  site. —  Decision,  when  and  how 
filed: 
Section  1.  J.  Townsend  Lansing,  Robert  H.  Weir  and  William  J. 


*Not  returned  by  tlie  Governor  within  ten  days  after  it  was  pre- 
sented to  him,  and  became  a  law  without  his  signature.  (Art.  IV, 
Sec.  9,  Constitution  of  the  State  of  New  York.) 


City  of  Albany.  555 

Weaver  are  hereby  appointed  commissioners  to  select  a  site  for 
a  public  market  in  the  city  of  Albany,  and  to  purchase  at  private 
sale,  or  in  the  manner  hereinafter  provided,  the  real  estate  within 
the  limits  of  the  site  selected  by  them.  Said  commissioners 
shall,  within  sixty  days  after  the  passage  of  this  act,  decide  upon 
and  select  a  site  for  such  public  market,  and  file  their  decision, 
containing  a  description  by  metes  and  bounds,  of  the  site  so 
selected  and  decided  upon  by  them,  with  the  Mayor  of  the  city 
of  Albany. 

Proceedings   to   acquire  title  to   lands.— Supreme   Court   may 
appoint   appraisal    commissioners.— To   report    thereon   to 
court.—  Order  of  court  thereupon. 
§  2.  In  case  said  commissioners,  or  a  majority   of  them,  are 
unable  to  agree  with  the  owners  or  occupants  of  such  real  estate 
or  any  part  thereof  within  twenty  days  after  the  filing  of  their 
decision  with  the  Mayor,  as  provided  in  the  first  section  of  this 
act,  they  shall  proceed  to  acquire  title  to  the  same  in  the  follow- 
ing manner:    The  Corporation  Counsel  shall  present  a  petition 
praying  for  the  appointment  of  commissioners  of  appraisal,  to 
the  Supreme  Court  at  a  Special  Term  thereof.     Such  petition 
shall   contain   a    description   of   the    real   estate    sought   to   be 
acquired,   the  names  and   residences,   so  far  as   can  be  ascer- 
tained, of  all  persons  who  have,  or  claim  to  have,  any  interest 
in  said  real  estate,  and  whether  any  of  them  are  infants  or  per- 
sons of  unsound  mind.     Such  petition  shall  be  sworn  to  by  one 
of  said  commissioners.    A  copy  of  said  petition  with  a  notice  of 
the  time  and  place  where  the  same  will  be  presented,  must  be 
served  on  all  the  parties  who  have,  or  claim  to  have,  any  interest 
in  said  real  estate,  in  the  manner  now  provided  by  law  for  the 
service  of  a  summons  in  the  Supreme  Court,  at  least  eight  days 
prior  to  the  presentation  of  the  same  to  the  court.     If  any  or 
either  of  the  parties  so  served  is  an  infant  or  person  of  unsound 
mind,  the  court  shall,  upon  said  return  day  appoint  some  suitable 
person,  guardian  of  such  person  or  persons  for  the  purposes  of 
said  proceedings.    If  there  are  any  unknown  owners,  the  court 
shall  appoint  some  attorney  to  appear  for  and   represent  the 
interest  of  such  unknown  person  or  persons.    Upon  the  presen- 
tation  of  such   petition   and   notice   and   due   proof   of   service 
thereof,  the  parties  interested  may  show  cause  against  granting 
the  prayer  of  the  petition  if  no  sufficient  cause  is  shown,  the 
court  shall  appoint  three  disinterested  persons,  residents  of  the 


556  Laws  Relating  to  the 

county  of  Albany,  commissioners  to  ascertain  and  appraise 
the  compensation  to  be  made  to  the  owners  or  persons  interested 
in  said  real  estate.  The  commissioners  shall  take  and  subscribe 
to  the  oath  prescribed  for  referees  in  civil  actions  in  the  Supreme 
Com-t.  Any  one  of  them  may  administer  oaths  and  issue  sub- 
poenas. They  shall  forthwith  fix  a  time  and  place  of  hearing, 
and  cause  not  less  than  five  days'  notice  thereof  to  be  given  to 
the  parties  upon  whom  service  of  the  petition  was  made,  and 
such  other  parties  as  may  be  directed  in  the  order  appointing 
them.  They  shall  view  the  premises  described  in  the  petition, 
hear  the  proofs  and  allegations  of  the  parties,  and  reduce  the 
testimony  taken,  if  any,  to  writing.  After  the  testimony  is 
closed,  the  commissioners,  or  a  majority  of  them,  shall  without 
any  unnecessary  delay,  ascertain  and  determine  the  amount  of 
compensation  which  ought  justly  to  be  made  to  the  party  or 
parties  interested  in  or  owning  said  real  estate;  and  in  deter- 
mining the  amount  of  such  compensation  they  shall  make  no 
allowance  or  deduction  for  or  on  account  of  any  real  or  supposed 
benefit  which  the  parties  in  interest  may  derive  from  the  use 
to  which  it  is  proposed  to  devote  said  real  estate;  said  commis- 
sioners shall  make  a  report  of  their  proceedings  to  the  Supreme 
Court,  at  a  Special  Term  thereof.  Upon  the  making  of  said 
report,  the  Corporation  Counsel  shall  give  the  parties  in  interest 
at  least  five  days'  notice  of  motion  for  the  confirmation  of  such 
report;  and  upon  proof  of  such  notice,  and  after  hearing  the 
pai'ties  in  interest  who  may  appear,  the  court  shall  make  an 
order  containing  a  recital  of  the  proceedings,  a  description  of 
the  property  appraised,  a  determination  of  the  amount  of  costs 
of  the  proceedings  and  to  whom  the  same  is  to  be  paid,  including 
the  compensation  of  the  Commissioners  of  Appraisal,  a  direction 
to  whom  the  compensation  for  said  real  estate  is  to  be  paid,  and 
the  amount  payable  to  each  person  interested.  If  there  are 
adverse  or  conflicting  claimants  to  the  money  or  any  part  of  it, 
the  court  may  direct  the  same  to  be  paid  into  court,  and  may 
determine  wlio  is  entitled  to  the  same,  or  direct  a  reference  to 
ascertain  the  facts  upon  which  to  make  its  order  or  determination. 

Order,  how  fi.led. —  City  to  acquire  lands  upon  payment  or  mak- 
ing    deposit. —  Appeals    from    confirmation. —  Proceedings 
thereupon. 
§  3.  A  certified  copy  of  the  order  so  made,  as  aforesaid,  shall 

be  recorded  in  the  Albany  County  Clerk's  office,  and  thereupon 


City  of  Albany.  557 

and  ou  the  payment  or  deposit  by  the  city  of  the  sums  of  money 
to  be  paid  as  compensation  for  the  land  and  for  the  costs  and 
expenses  set  forth  in  said  order,  the  city  shall  be  entitled  to 
enter  upon  and  take  possession  of  and  use  the  said  land  for  the 
purposes  of  a  public  market,  and  shall  be  vested  with  full  and 
complete  title  thereto  in  fee  simple  forever,  and  all  persons  who 
have  been  made  parties  to  the  proceedings,  and  their  legal  repre- 
sentatives, shall  be  forever  divested  and  barred  of  all  right,  title, 
estate  and  interest  in  said  real  estate.  Within  ten  days  after 
the  confirmation  of  said  report,  either  party  to  said  proceedings 
may  appeal  to  the  General  Term  of  the  Supreme  Court,  by  notice 
in  writing  to  the  other  party  or  parties.  On  such  appeal  the 
court  may  affirm  the  report  or  direct  a  new  appraisal  before  the 
same  or  new  commissioners.  The  court  may  at  any  time,  before 
the  final  order,  amend  or  correct  any  defect  or  informality  in  the 
proceedings,  or  cause  new  parties  to  be  added,  or  appoint  a  new 
commissioner  in  place  of  any  failing  or  refusing  to  act. 

Adaptation  of  ground  for  market. — Work  to  be  done  by 
contract. 
§  4.  After  the  title  to  the  real  estate  described  in  the  preceding 
section  has  been  acquired,  the  Street  Commissioner  and  City 
Engineer  shall,  under  the  direction  of  the  Common  Council,  pro- 
ceed to  fit  and  adapt  the  same  for  use  as  a  public  market;  the 
excavating,  grading,  and  paving  necessary  to  be  done  shall  be 
done  by  contract,  to  be  let  by  the  Board  of  Contract  and  Appor- 
tionment, in  the  same  manner  that  contracts  are  made  and  let 
for  repaving  streets  in  the  city  of  Albanj',  and  the  same  shall 
thereafter  be  devoted  to,  and  used  as  a  public  market,  under 
such  restrictions  and  regulations  as  the  Common  Council  may, 
by  ordinance,  pi*escribe.  until  such  time  as  the  Common  Council 
of  said  city  shall  appropriate  tlie  same  to  some  other  or  different 
])uMic  purpose. 

Issue  of  city  bonds  for  public  market,  authorized. —  Limitation 
of  amount. —  Rate  of  interest,  and  when  payable. —  General 
tax  for  interest  and  principal. 
§  5.  For  the  purpose  of  purchasing  the  real  estate  referred  to 
in  the  first  section,  and  to  pay  the  expense  of  draining  and  pav- 
ing such  real  estate,  and  to  meet  such  other  expenses  as  it  may 
be  necessary  to  incur  to  establish  a  market  thereon,  the  bonds 
of  the  city  of  Albany  shall  be  issued  at  such  times  and  in  such 


558  La  ws  Relating  to  the 

amounts  not  exceeding  in  the  aggregate,  the  sum  of  one  hundred 
and  (>ight.y-tive  thousand  dolhirs  as  the  Board  of  Finance  of  said 
city  of  Albany  may  direct.  Such  bonds  shall  be  signed  by  the 
Mayor  and  Chamberlain,  shall  be  of  one  thousand  dollars  each, 
Avith  interest  not  exceeding  four  per  centum  per  annum  payable 
semi-annually  on  the  first  day  of  January  and  July  in  each  year 
in  the  city  of  Albany.  And  the  times  of  payment  of  the 
respective  bonds  shall  be  so  arranged  that  an  equal  number 
thereof  shall  be  payable  in  each  year  in  so  far  as  the  same  may 
be  practicable.  Commencing  with  the  second  year  after  the  date 
of  their  issue,  and  so  that  the  whole  amount  thereof  shall  be 
paid  at  the  expiration  of  twenty  years  from  the  date  of  their  issue. 
And  there  shall  be  inserted  in  the  city  tax  budget  each  year  and 
raised  by  tax  such  sums  as  shall  be  necessary  to  pay  the  bonds 
maturing  during  the  succeeding  year,  as  well  as  the  interest 
upon  the  bonds  autliorized  to  be  issued  under  the  provisions  of 
this  act. 

(As  amended  by  chapter  G98,  Laws  of  1887.) 

Interest  on  city  bonds  and  cost  of  lands,  how  paid. —  Extension 
of  time  to  complete  purcliase  of  site. 
§  6.  The  Chamberlain  of  the  city  of  Albany  shall  pay  the  first 
six  months'  interest  on  said  bonds  from  any  money  in  his  hands 
not  specifically  appropriated  to  other  purposes.  The  interest  on 
the  contract  price  of  any  property  contracted  for  by  the  market 
commissioners  shall  be  paid  from  the  proceeds  of  the  bonds  in 
like  manner  as  the  principal  sum.  The  time  for  the  commis- 
sioners named  in  the  first  section  of  the  act  hereby  amended  to 
purchase  at  private  sale  tlie  real  estate  within  the  site  selected 
by  them  is  hereby  extended  to  May  first,  eigliteen  hundred  and 
eighty-eight. 

(As  amended  by  chapter  184,   Laws  of  1888.) 


City  of  Albany.  559 


CHAPTER  579. 


Au  Act  to  iuithorize  the  construction  of  a  bridge  or  viiuluct  on 
Hawk  street  in  the  city  of  All)any,  from  near  Spruce  street  to 
Clinton  avenue,  for  the  improvement  of  Hawk  and  Spruce 
streets  and  to  provide  for  the  expenses  thereof  and  of  con- 
structing the  approaches  thereto. 

Approved  by  the  Governor  June  9,   1888.     Passed,   three-fifths   being 
present. 

The  People  of  the    Slate  of   New    York,    represented  in   Senate  and 
Assembly,  do  enact  asfoUoics: 

Viaduct     commissioners,     appointment     of .— Vacancies,     how 
filled.—  Duties  of  commissioners  as  to  constructing  viaduct 
or  bridge.— Manner  of  construction.— Approach  at  south 
end  thereof.—  Viaduct  or  bridge,  how  constructed.—  Stair- 
ways.- Foundations.—  Surface  of  streets  to  be  restored.— 
Sewer,  gas  and  water  pipes,  not  to  be  impaired.—  Commis- 
sioners to   advertise  for  plans   for   work.— Inspection   of 
plans.— Work  to  be  let  by  contract  on  notice.—  Contractor's 
bonds.— Employment     of    engineer,    etc.— Commissioners, 
engineer,  etc.,  not  to  be  interested  in  contracts,  etc. 
Section  1.  The  Mayor  of  the  city  of  Albany  is  hereby  author- 
ized to  nominate  and  appoint  three  reputable  persons,  who  shall 
be  residents  and  freeholders  of  said  city,  commissioners  to  con- 
struct the  bridge  or  viaduct  in  this  act  mentioned,  to  be  styled 
"The    Hawk    Street    Viaduct    Commissioners."      Said    commis- 
sioners shall  hold  their  office  until  the  completion  of  the  said 
bridge  or  viaduct,  and  any  vacancy  occurring  in  their  number  by 
death,   resignation,   removal  from  the  city  or  other  disability, 
shall  be  filled  by  the  Mayor  of  said  city  by  certificate  under  the 
hand  of  said  Mayor  filed  with  the  Clerk  of  the  Common  Council 
of   said   city  of   Albany.     The   said   commissioners   shall   serve 
without  any  compensation  for  their  services  under  this  act.    The 
said   Hawk    Street   Viaduct    Commissioners,    as    such    commis- 
sioners, are  hereby  authorized  and  required  to  construct,  or  cause 
to  be  constructed,  an  iron  bridge  or  viaduct  on  the  line  of  Hawk 
street,  in  the  city  of  Albany,  from  a  point  fifteen  feet  south  of 
the  south  line  of  Spruce  street  to  the  south  line  of  Clinton  avenue 
in  said  city.     Said  bridge  shall  be  so  constructed  as  to  leave  a 
clear  passageway  for  teams  under  it  on  Spruce  street,  said  team- 
way  to  be  at  least  ten  feet  high  in  the  clear,  above  the  estab- 


560  Laws  Relating  to  the 

lished  grade  and  the  lirst  spau  shall  uot  be  less  tbau  forty  feet 
long  in  the  clear,  beginning  at  a  point  fifteen  feet  south  of  the 
south  line  of  Spruce  street.  The  said  commissioners  are  also 
authorized  and  required  to  construct  and  pave,  Avith  dimension 
granite  blocks  an  approach  to  the  south  end  of  said  bridge,  which 
shall  begin  at  the  level  of  Elk  street  and  descend  at  a  grade  of 
eight  feet  in  one  hundred  to  the  end  of  the  bridge,  the  said 
approach  shall  be  built  in  the  center  of  Hawk  street  and  in  no 
part  shall  it  exceed  thirty-two  feet  in  width  outside  measure- 
ment. The  said  bridge  or  viaduct  shall  be  solidly  and  substan- 
tially built  of  iron,  of  sufficient  width  and  strength,  and  floored 
with  such  suitable  material  as  to  afford  the  safe  and  easy 
passage  of  carriages  and  teams,  with  sidewalks  on  each  side  of 
the  carriageway  for  the  accommodation  of  foot  passengers.  The 
said  bridge  is  to  be  supported  by  iron  pillars,  piers  or  other  sup- 
ports, resting  upon  solid  and  substantial  foundations  of  stone,  or 
brick  and  stone,  with  necessary  arches  or  crossbeams  to  sustain 
and  support  the  structure  and  vehicles  and  passengers  thereon; 
and  there  shall  be  attached  thereto,  and  connected  with  the 
same,  two  iron  stairways,  at  the  intersection  of  Hawk  and 
Orange  streets,  and  one  or  two  iron  stairways,  as  said  commis- 
sioners shall  determine,  at  the  intei'section  of  Hawk  and  Spruce 
streets,  to  enable  foot  passengers  to  pass  and  repass  from  said 
intersecting  streets  to  and  from  said  bridge.  In  order  to  secure 
the  necessary  foundations  of  said  bridge,  and  to  facilitate  the 
erection  of  the  same,  and  of  the  piers,  pillars  and  supports 
thereof,  said  commissioners  may  make,  or  cause  to  be  made, 
such  openings  and  excavations  in  the  pavements  of  said  Hawk 
street  and  its  sideAvalks,  and  in  the  pavements  and  sidewalks  of 
streets  intersecting  Hawk  street  at  or  near  tlielr  points  of  inter- 
section, as  maj^  be  needful  for  the  convenient  construction  of 
said  bridge;  providing,  however,  that  in  all  cases,  the  surface 
of  said  streets,  pavements  and  sidewalks  shall  be  restored 
around  said  foundations,  piers,  pillars  or  supports,  to  tlie  condi- 
tion they  Avere  in  before  said  foundations  Avere  placed,  as  nearly 
as  may  be  done,  and  with  as  little  delay  as  practicable;  and 
provided,  also,  that  any  excavations  that  may  be  made  in  said 
pavements  or  sidewalks  shall  not  in  any  way  injuriously  inter- 
fere with  the  sewers,  gas  or  water-mains  in  said  streets,  which 
streets  and  sidewalks  shall  not  be  unduly  obstructed  during  the 
construction  of  said  bridge,  and  the  foundations,  piers,  pillars  or 
supports  of  said  bridge  and  stairs  and  approaches  thereto  shall 


CiTV  OF  Albany.  561 

be  so  placed  as  to  interfere  as  little  as  practicable  with  the  use 
of  said  streets,  and  the  public  travel  thereon;  and  the  said 
bridge  shall  be  arranged  and  constructed  so  that  it  may  be  prop- 
erly lighted  under  the  direction  of  the  Common  Council  of  the 
city  of  Albany.  The  said  commissioners  shall,  within  thirty  days 
after  their  appointment,  solicit  (by  public  advertisement)  plans 
or  plans  and  specifications  for  said  bridge,  and  may  make  such 
compensation  as  they  shall  deem  proper  to  the  person  or  persons 
furnishing  plans  or  plans  and  specifications  for  the  construction 
thereof.  Which  plans  and  specifications  shall  be  open  for  public 
inspection  at  such  place  as  the  said  commissioners  may  desig- 
nate at  least  fifteen  days  before  the  letting  of  any  contract  for 
the  building  of  said  bridge  or  viaduct.  They  shall  fix  upon  a 
plan  for  the  construction  of  said  bridge,  and,  when  so  fixed,  the 
work  of  building  or  constructing  the  same  shall  be  let  by  con- 
tract or  contracts;  and  after  said  commissioners  shall  have 
given  reasonable  notice  in  three  of  the  principal  newspapers  pub- 
lished in  the  city  of  Albany,  and  also  three  other  newspapers 
published  in  the  city  of  New  York,  calling  for  bids  for  the  con- 
struction of  said  bridge,  the  said  contract  or  contracts  shall  be 
let  to  the  lowest  responsible  bidder  or  bidders  upon  his  or  their 
executing  to  said  commissioners  a  good  and  sufficient  bond,  to 
be  approved  by  the  Corporation  Counsel  of  the  city  of  Albany, 
with  sufficient  sureties,  for  the  faithful  performance  of  such 
work,  and  that  said  bridge  shall  be  completed  according  to  the 
terms  of  said  contract  and  within  a  period  to  be  specified  therein, 
which  shall  not  be  over  fifteen  months  from  the  time  of  the 
execution  of  such  contract,  reserving,  however,  to  said  commis- 
sioners, the  power  to  reject  any  or  all  bids  which  said  com- 
missioners shall  deem  not  advantageous  for  the  interests  of  the 
city  of  Albany.  Said  commissioners  shall  have  power  to  employ 
an  engineer  to  superintend  the  construction  of  said  bridge,  with 
such  salary  or  compensation  as  said  commissioners  shall  deem 
reasonable,  also,  a  clerk  or  secretary,  with  such  duties  and  at 
such  salary  or  compensation  as  said  commissioners  shall  direct. 
It  shall  be  a  misdemeanor,  punishable  by  fine  and  imprisonment, 
for  either  of  said  commissioners,  or  any  engineer,  architect  or 
clerk  appointed  by  them,  to  be  in  any  way  or  manner  interested, 
directly  or  indirectly,  in  furnishing  any  materials,  supplies  or 
labor  for  the  erection  of  said  bridge  or  viaduct,  or  in  any  con- 
tract which  said  commissioners  are  empowered  by  this  act  to 
make. 

36 


562  Laws  Relating  io  the 

City  to  borrow  money  and  issue  bonds  therefor. — Rate  of  inter- 
est and  when  payable. —  Proceeds,  how  deposited. —  Sale  of 
bonds  to  highest  bidder,  on  notice. —  Advances  to  commis- 
sioners.— Annual  tax  for  bonds  and  interest. —  Council, 
etc.,  not  to  be  interested  in  contracts. —  Control  of  bridge. 
§  2.  It  shall  be  the  duty  of  the  Mayor  and  Chamberlain  of  the 
(ity  of  Albany  to  borrow  on  the  faith  and  credit  of  the  city  of 
Albany,  such  sum  as  shall  be  required  to  pay  the  expenditures, 
exclusive  of  the  damages  hereinafter  mentioned,  authorized  to 
be  made  by  said  commissioners  under  this  act,  and  to  issue  the 
bonds  of  said  city  therefor,  which  bonds  shall  be  signed  by  the 
said  Mayor  and  Chamberlain,  shall  be  made  payable  in  the  city 
of  New  York,  the  principal  thereof  in  twenty  annual  payments, 
following  the  first  issue  thereof,  as  nearly  equal  in  amount  as 
possible;  they  shall  bear  interest  at  the  rate  of  not  more  than 
three  and  one-half  per  centum  per  annum,  payable  semi-annu- 
ally, and  as  fast  as  the  money  shall  be  requix'ed  by  said  commis- 
sioners, they  shall  be  negotiated  by  said  Mayor  and  Chamberlain, 
as  hereafter  provided,  and  the  money  received  therefrom  shall 
be  deposited  with  the  Chamberlain  of  said  city,  who  shall  keep 
a  separate  account  thereof,  and  shall  pay  therefrom,  upon  the 
order  of  said  commissioners,  or  a  majority  of  them,  such  sums  as 
shall  be  required  for  the  expenditures  authorized  by  this  act. 
The  negotiation  of  such  bonds  shall  be  by  selling  the  same,  by 
the  City  Chamberlain,  to  the  highest  bidder,  at  public  auction, 
at  not  less  than  par,  giving  at  least  ten  days'  previous  notice  of 
tlie  time  and  place  of  sale,  by  publication  in  the  city  papers 
designated  for  the  publication  of  city  proceedings.  The  Cham- 
berlain of  the  city  of  Albany  is  hereby  authorized  to  make 
advances  for  the  necessary  expenditures  by  the  said  commis- 
sioners, upon  their  order  or  draft,  from  any  funds  in  his  pos- 
session, prior  to  the  issuing  of  the  bonds  herein  autliorized,  and 
to  be  reimbiu-sed  from  the  proceeds  of  subsequent  sale  of  any 
of  said  city  bonds.  It  shall  be  the  duty  of  the  Common  Council 
of  said  city  to  cause  to  be  raised  yearly,  by  tax  upon  the  taxable 
property  in  said  city,  in  the  same  manner  as  the  other  general 
taxes  arc  levied,  a  sum  sufficient  to  pay  the  interest  upon  said 
bonds,  when  and  as  the  same  shall  become  due  and  payable, 
and  from  time  to  time  in  like  manner,  to  raise  the  money  neces- 
sary to  pay  the  principal  of  said  bonds  as  they  shall  fall  due. 
No  member  of  the  Common  Council  of  said  city,  or  city  or  county 
officer  elected  by  the  people  shall  be  in  any  way  interested, 


City  of  A  lb  a  ay.  563 

directly  or  indirectly  in  furnishing  any  materials  or  supplies,  or 
in  any  contract  made  for  the  construction  of  said  bridge  or  via- 
duct, or  in  any  contract  thereof,  or  in  any  part  thereof.  The 
said  bridge,  with  the  appurtenances  shall,  when  completed,  be 
under  the  care  and  control  of  the  Common  Council  of  the  city 
of  Albany. 

Sidewalks  in  Hawk  street,  narrowing  of. —  Damages  to  prop- 
erty, how  agreed  upon. —  Damages  how  paid. —  Proceedings 
to  determine  amount  of  damages,  by  appraisal,  etc. —  Limi- 
tation of  total  expenditure. —  Record  of  proceedings,  etc. — 
How  deposited,  on  completion. 
§  3.  The  said  commissioners  shall  have  power  and  authority 
to  narrow  the  sidewalks  in  Hawk  street,  at  or  near  the  ends  of 
said  bridge,  and  to  appropriate  the  portion  or  portions  so  taken 
from  the  existing  sidewalks  to  street  use,  and  the  portions  so 
taken  from  the  said  sidewalks  shall  thereafter  be  deemed  parts 
of  said  street.  The  said  commissioners  shall  have  power  and 
authority  to  agree  with  the  owners  or  parties  interested  in  any 
lot  or  parcel  of  land  fronting  on  or  adjoining  the  line  of  said 
Hawk  street,  or  in  the  vicinity  thereof,  upon  the  damages  sus- 
tained by  them,  by  reason  of  the  building  of  said  bridge  or 
viaduct,  or  the  approaches  thereto,  and  the  compensation  to  be 
made  to  them  for  such  damages,  or  injury  to  their  said  property, 
and  thereupon  to  pay  the  amount  or  amounts  so  agreed  upon, 
by  drafts  or  orders  upon  the  Chamberlain  of  the  city  of  Albany; 
and  in  case  of  the  failure  of  said  commissioners  to  agree  with 
any  of  sucli  owners  or  parties  interested,  as  aforesaid,  as  to  the 
amount  of  such  damage,  or  injury  to  their  said  property,  the 
damages  sustained  by  said  parties,  in  consequence  of  the  build- 
ing of  said  bridge  or  viaduct,  or  the  approaches  thereto,  or  any 
part  thereof,  shall  be  assessed  and  fixed  by  three  commissioners, 
who  may  be  citizens  of  Albany,  to  be  appointed  by  the  Supreme 
Court  of  the  Third  Judicial  District,  at  any  General  or  Special 
Term  thereof,  in  the  same  manner  and  by  the  same  special  pro- 
ceedings authorized  by  the  act  entitled  "An  act  to  authorize 
the  formation  of  railroad  coi-porations,"  passed  April  second, 
eighteen  hundred  and  fifty,  and  the  acts  amendatory  thereof, 
except  that  such  commissioners  may  be  appointed  upon  the  appli- 
cation of  any  person  or  persons  owning  or  interested  in  the  lands 
and  premises  aforesaid,  sustaining  damages  by  reason  of  the 
erection  of  said  bridge,  upon  not  less  than  fifteen  days'  notice. 


564  Laws  Relating  to  the 

to  the  said  commissioners  and  to  tlie  Corporation  Counsel  of  the 
city  of  Albany,  who  shall  act  as  counsel  for  said  commissioners 
in  all  matters  affecting  the  interests  of  the  city  of  Albany  under 
this  act.  And  in  all  cases  of  appraisal  under  this  act,  where  the 
mode  or  manner  of  conducting  all  or  any  of  the  proceedings  to 
the  appraisal,  and  the  proceedings  consequent  thereon,  are  not 
expressly  provided  for  by  the  statutes  aforesaid,  the  court  before 
whom  such  proceedings  may  be  pending,  shall  have  the  power 
to  make  all  the  necessary  orders,  and  give  the  proper  directions 
to  carry  into  effect  the  object  and  intent  of  this  act.  The  whole 
amount  that  may  be  expended  by  the  said  commissioners  by 
virtue  of  this  act,  for  the  payment  of  the  cost  of  the  construction 
of  said  bridge  or  viaduct,  its  approaches  and  appurtenances, 
salaries  and  services  of  superintending,  engineering  and  all  other 
expenses  authorized  by  this  act,  exclusive  of  said  damages,  shall 
not  exceed  the  sum  of  one  hundred  and  twenty-five  thousand 
dollars.  Said  commissioners  shall  keep  a  full  record  of  their 
proceedings  and  exact  and  particular  accounts  of  all  their 
receipts  and  disbursements  under  and  by  virtue  of  this  act, 
which  records  and  accounts  shall  at  all  times  be  open  to  the 
inspection  by  the  Mayor  of  the  city  of  Albany,  and  upon  comple- 
tion of  their  duties,  said  commissioners  shall  deposit  such  record 
and  all  other  books  of  account,  and  vouchers  pertaining  to  the 
work  of  said  commissioners  under  this  act  in  the  office  of  the 
Clerk  of  the  county  of  Albany,  there  to  be  preserved  as  records 
of  his  office. 

Repeal.  \ 

§  4.  Chapter  four  hundred  and  sixty-nine  of  the  Laws  of 
eighteen  hundred  and  eighty-seven,  entitled  "An  act  to  authorize 
the  construction  of  a  bridge  or  viaduct  on  Hawk  street,  in  the 
city  of  Albany,  from  near  Spruce  street  to  Clinton  avenue,  for 
the  improvement  of  Hawk  and  Spruce  streets,  and  to  provide 
for  the  expenses  thereof,  and  of  constructing  the  approaches 
thereto,"  together  with  all  acts  or  parts  of  acts  inconsistent  here- 
with, are  hereby  repealed. 

§  5.  The  Chamberlain  of  the  city  of  Albany  shall  pay  from  any 
moneys  in  his  hands  not  otherwise  appropriated  all  sums  agreed 
upon  between  the  Hawk  street  viaduct  commissioners  and  the 
owners  or  parties  interested  in  property  injured  on  which  shall 
be  awarded  in  legal  proceedings  instituted  under  section  three 
of  this  act  and  in  case  he  shall  not  have  sufficient  money  in  his 


City  of  Albany.  565 

hands  not  otherwise  appropriated  to  pay  such  sums  the  same  or 
such  part  thereof  as  shall  remain  unpaid  shall  be  raised  by  tax 
in  the  next  city  tax  budget  and  be  paid  over  with  interest  from 
the  time  of  such  agreement  or  award  to  the  owners  or  parties 
interested.     Any  number  of  separate  legal  proceedings  begun 
under  section  three  of  this  act,  to  ascertain  such  damages  may 
on  the  application  of  the  Corporation  Counsel  be  consolidated 
into  one  proceeding  and  in  case  of  a  failure  of  the  Hawk  Street 
Viaduct  Commissioners  and  the  owners  or  parties  interested  to 
agree  upon  the  damages  sustained,  the  Corporation  Counsel  is 
authorized  to  institute    on    behalf    of    the  city  the  proceedings 
specified  in  section  three  of  this  act  to  ascertain  such  damages. 
Sufficient  notice  of  such  proceedings  to  and  jurisdiction  over, 
all  owners  and  parties  in  interest  and  over  their  property  rights, 
shall  be  given  by  a  publication  twice  in  each  week  for  three 
weeks  in  the  official  city  newspapers  of  a  notice,  addressed  "  to 
the  owners  and  parties  interested  in  property  taken,  affected  or 
damaged  by  the  Hawk  street  viaduct,"  to  appear  in  such  pro- 
ceedings and  to  present  to  the  Corporation  Counsel  at  a  place  to 
be  therein  stated,  and  within  a  time  not  less  than  three  weeks 
from  the  date  of  the  first  publication  of  such  notice,  claims  for 
such  damages  together  with  the  names  and  residences  of  the 
claimants,  and  all  owners  and  parties  in  interest  failing  to  so 
appear  and  present  such  claims  in  such  proceedings  pursuant  to 
such  notice  shall  be  thereafter  forever  barred  and   foreclosed 
from  making  any  such  claim  and  from  all  right  to  damages  in 
the  premises. 

(As  amended  by  chapter  65,  Laws  of  1890.) 

CHAPTER  151. 

An  Act  to  provide  for  the  construction  of  certain  public  build- 
ings in  the  city  of  Albany. 

Became  a  law  without  the  approval  of  the  Governor,  in  accordance 
with  the  provisions  of  article  four,  section  nine  of  the  Constitution, 
April  9,  1891.     Passed,   three-fifths  being  present. 

TJie  People  of  the  State  of  New  York,  represented  in  Senate  and 
Assembly,  do  enact  as  follows: 

Section  1.  The  Mayor  of  the  city  of  Albany  is  hereby  author- 
ized to  appoint  four  reputable  persons  who  shall  be  residents 
and  freeholders  of  said  city,  who,  together  with  the  Mayor  of 


566  Laws  Relating  to  the 

the  city,  for  the  time  beiug,  shall  be  commissioners  to  construct 
the  buildings  hereinafter  mentioned,  and  who  shall  be  styled 
"  the  Public  Building  Commissioners  of  the  city  of  Albany." 
The  said  commissioners  so  appointed  shall  hold  their  office  until 
the  completion  of  the  said  public  buildings,  and  any  vacancy 
occurring  in  their  number  by  death,  resignation,  removal  from 
the  city  or  other  disability,  shall  be  filled  by  the  Mayor  of  said 
city  by  certificate  under  the  hand  of  said  Mayor,  filed  with  the 
Clerk  of  the  Common  Council  of  the  city  of  Albany.  The  said 
commissioners  shall  serve  without  any  compensation  for  their 
services  under  this  act.  The  Mayor  shall  assign  or  appoint  a 
clerk  to  said  commissioners  who  shall  receive  a  compensation 
at  the  rate  of  not  exceeding  one  thousand  dollars  per  year,  who 
shall  keep  a  record  of  all  their  transactions  and  perform  such 
other  service,  as  may  be  required  of  him  by  said  commission. 

§  2.  The  commission  herein  provided  for  shall  have  power  and 
authority  to  repair  the  High  School  building  and  erect  an  addition 
thereto  upon  the  lot  next  adjoining  said  High  School  building 
upon  the  east,  and  to  erect  not  exceeding  three  public  school 
buildings  at  such  places  within  the  city  of  Albany  as  the  Board 
of  Public  Instruction  of  the  city  of  Albany  may  select.  The 
aggregate  expense  of  such  repairs  and  construction  of  such 
buildings  including  the  necessary  school  furniture  for  the  same 
shall  not  exceed  the  sum  of  two  hundred  thousand  dollars.  They 
shall  also  have  power  and  authority  to  erect  not  exceeding  four 
buildings  for  the  use  of  the  Fire  Department  of  the  city  of 
Albany,  to  be  located  at  such  points  within  the  city  of  Albany 
as  they  may  select,  and  at  an  aggregate  expense  of  not  exceed- 
ing fifty  thousand  dollars.  Nothing  in  this  act  contained,  how- 
ever, shall  prevent  the  said  Public  Building  Commission  from 
increasing  the  expenditures  in  this  act  provided  for  by  the  addi- 
tion of  the  proceeds  of  the  sale  of  any  building  or  real  estate  now 
used  by  the  said  Fire  Department,  and  which  the  Board  of  Fire 
Commissioners  of  said  city  of  Albany  may  hereafter  in  the 
manner  now  authorized  by  law,  sell  or  dispose  of,  provided  that 
either  of  said  buildings  so  to  be  erected  for  the  use  of  the  Fire 
Department  of  the  said  city  is  intended  to  be  used  by  said 
department  as  a  substitute  for  the  building  and  real  estate  so 
sold  and  disposed  of.  And  said  Public  Building  Commissioners 
are  hereby  authorized  to  use  all  such  proceeds  of  any  such  sale 
as  well  as  the  proceeds  of  the  sale  of  any  other  building  or  real 
estate  by  this  act  authorized  to  be  sold  for  the  uses  and  pur- 


City  of  Albany.  567 

poses  of  erecting  and  furnishing  the  several  buildings  in  this  act 
mentioned  and  described.    And  if  the  said  Public  Building  Com- 
missioners of  the  city  of  Albany  shall  in  the  manner  hereinafter 
provided  determine  upon  that  portion  of  Lexington  avenue  in 
the  said  city  of  Albany  situate  between  Washington  avenue  and 
Western  avenue  and  also  the  triangular  strip  of  land  east  of  and 
adjoining  said  land  at  the  intersection  of  said  Washington  ave- 
nue and  Western  avenue,  as  a  suitable  site  for  the  erection  of 
one  of  said  buildings  to  be  devoted  to  the  use  of  the  Fire  Depart- 
ment of  the  city  of  Albany  in  the  manner  aforesaid,  the  corpora- 
tion of  the  city  of  Albany  is  hereby  authorized  to  close  up  and 
vacate  said  street  and  land  and  prohibit  its  further  use  as  a 
public  highway.    And  whenever  the  said  Public  Building  Com- 
missioners shall  determine  upon  said  site  for  the  use  aforesaid 
and  notify  the  Common  Council  of  said  city  thereof  in  writing, 
the  said  Common  Council  shall  under  the  authority  of  this  act 
by  an  ordinance  passed  in  the  usual  manner,  declare  the  portion 
of  Lexington  avenue  above  described  and  the  said  triangular 
strip  east  of  and  adjoining  the  same  closed  and  the  same  hence- 
forth shall  be  closed,  and  the  public  shall  no  longer  have  a  right 
of  way  over  the  same.    After  the  adoption  of  said  ordinance  the 
said  Public  Building  Commissioners  shall  be  authorized  to  erect 
thereon  and  upon  such  other  land  in  addition  thereto  as  may  be 
acquired  by  them,  the  said  public  building.     All  damage  to  any 
land  or  to  any  building  or  other  structure  thereon  existing  at  the 
time  of  the  passage  of  this  act  by  reason  of  the  closing  of  such 
street  or  avenue  or  said  land  adjoining  the  same,  shall  be  ascer- 
tained in  the  manner  and  by  the  proceedings  specified  in  sections 
twenty-one,  twenty-two  and  twenty-three  of  title  seventeen  of 
chapter  two  hundred  and  ninety-eight  of  the  Laws  of  eighteen 
hundred  and  eighty-three,  as  amended  by  chapter  two  hundred 
and  eighty-six  of  the  Laws  of  eighteen  hundred  and  ninety-one, 
and  shall  be  paid  by  said  Public  Building  Commissioners  as  a 
portion  of  the  expense  of  constructing  said  buildings:  Provided. 
however,  that  any  person  or  persons  owning  or  having  any  inter- 
est in  any  such  lands,  buildings  or  other  structures  deeming  him- 
self or  theirselves  aggrieved,  or  any  such  property  injured  or 
damaged  by  reason  of  the  closing  of  said  street  or  avenue,  shall 
commence  said  proceedings  to  recover  said  damage  within  thirty 
days  after  the  passage  of  said  ordinance,  and  any  such  person 
or  persons  who  fail   or  neglect  to   commence   said   proceedings 
within  said  thirty  days,  shaU  forever  thereafter  be  barred  from 


568  Laws  Relating  to  the 

recovering  any  damages  or  compensation  from  tlie  said  Public 
Building  Commissioners  or  from  tlie  said  city  of  Albany  by  rea- 
son or  on  account  of  the  closing  of  such  street  or  avenue  or  the 
erection  of  such  building  on  such  site.  They  shall  also  have 
power  to  erect  one  station-house  for  the  use  of  the  Police  Depart- 
ment of  the  city  of  Albany  at  such  place  within  the  city  as  they 
may  select,  at  an  expense  of  not  exceeding  twelve  thousand  dol- 
lars. And  said  Public  Building  Commissioners  are  authorized  to 
sell  and  dispose  of  the  building  and  real  estate  now  owned  by 
said  city  and  used  for  the  purposes  of  a  station-house,  which  it 
is  intended  to  replace  by  the  erection  of  said  building  to  be  pro- 
vided for  the  use  of  the  Police  Department  as  aforesaid.  And 
for  the  purpose  of  erecting  any  or  either  of  such  buildings  the 
said  Commissioners  may  use  such  laud  now  owned  by  the  city 
of  Albany  or  any  department,  board  or  commission  thereof  or  any 
building  or  other  structure  or  any  such  land  as  they  may  deem 
necessary,  provided  that  in  the  opinion  of  such  department, 
board  or  commission,  the  said  building  or  structure  shall  have 
become  unfit  or  inappropriate  for  the  purposes  intended  and 
theretofore  used,  and  in  the  event  of  its  being  necessary  for  the 
erection  of  said  buildings,  or  any  or  either  of  them,  for  the  said 
commisssioners  to  acquire  title  to  any  land  not  now  owned  by  the 
city  of  Albany,  or  any  departement,  board  or  commission  thereof, 
they  may,  in  the  event  of  their  being  unable  to  agree  with  the 
owner  or  owners  of  said  property,  direct  the  Corporation  Counsel 
of  the  city  of  Albany  to  take  the  proceedings  mentioned  in  title 
seventeen  of  chapter  two  hundred  and  ninety-eight  of  the  Laws 
of  eighteen  hundred  and  eighty-three,  for  the  pui*poses  of  acquir- 
ing the  land  so  deemed  necessary  by  them. 

(Amended  by  chapter  135,  Laws  of  1892.) 

§  3.  The  said  commissioners  shall,  within  thirty  days  after  their 
appointment,  determine  upon  the  sites  for  the  erection  of  the 
buildings  provided  for  by  this  act,  excepting  the  sites  for  the 
school  buildings  which  shall  be  selected  as  hereinafter  provided, 
and  as  soon  thereafter  as  title  to  the  land  necessary  for  the 
erection  of  said  buildings  shall  be  vested  in  the  city,  the  said 
commissioners  shall  sohcit.  by  public  advertisement,  plans  or 
plans  and  specifications  for  the  erection  and  construction  of  said 
buildings,  or  of  such  of  them  as  the  city  shall  then  own  the  site 
of,  and  may  make  such  compensation  as  they  may  deem  proper 
to  the  person  or  persons  furnishing  plans  or  plans  and  specifica- 


City  of  Albany.  569 

tions  for  the  construction  thereof,  which  plans  and  specifications 
shall  be  opened  for  public  inspection  at  such  place  as  the  said 
commissioners  may  designate,  at  least  ten  days  before  the  let- 
ling  of  any  contract  for  the  building  of  any  or  either  of  such 
buildings.  As  soon  as  the  said  commissioners,  or  a  majority  of 
them,  shall  agree  upon  a  plan  for  the  construction  of  any  or  either 
of  said  buildings,  the  Avork  of  building  and  constructing  the  same 
shall  be  let  by  contract  or  contracts,  and  said  commissioners  shall 
give  reasonable  notice  in  the  otficial  newspapers  of  the  city  of 
Albany,  calling  for  bids  for  the  construction  of  said  building  or 
buildings.  Said  notice  to  be  by  publication,  not  less  than  twice 
each  week,  for  three  consecutive  weeks.  The  said  contract  or 
contracts  shall  be  let  to  the  lowest  responsible  bidder  or  bidders, 
upon  his  or  their  executing  to  the  said  commissioners  a  good  and 
sufficient  bond,  to  be  approved  by  tne  Corporation  Counsel  of  the 
city  of  Albany,  with  sufficient  sureties  for  the  faithful  per- 
formance of  such  work,  and  that  said  building  or  buildings  pro- 
vided for  in  said  contract  shall  be  completed  according  to  the 
terms  of  said  contract,  and  in  the  period  to  be  specified  therein, 
which  shall  not  be  over  fifteen  months  from  the  time  of  the  exe- 
cution of  such  contract,  reserving,  however,  to  said  commis- 
sioners the  power  to  reject  any  and  all  bids  which  said  commis- 
sioners shall  deem  not  to  be  advantageous  for  the  interest  of  the 
city  of  Albany.  Said  commissioners  shall  have  power  to  employ 
an  architect  or  architects  to  superintend  the  construction  of  such 
buildings,  at  such  compensation  as  such  commissioners  shall 
deem  reasonable.  No  member  of  the  Common  Council  of  the 
city  of  Albany  or  of  the  commission  hereby  created,  or  any  per- 
son holding  office  within  the  city  or  coimty  of  Albany,  either  by 
election  or  appointment,  shall  be  in  any  way  or  manner  interested, 
directly  or  indirectly,  in  furnishing  any  materials,  supplies  or 
labor,  for  the  construction  of  said  buildings,  or  any  or  either  of 
them. 

§  4.  The  Board  of  Public  Insti'uction  shall  select  the  sites  for 
the  location  of  the  three  several  school  buildings  to  be  erected 
as  hereinbefore  provided,  and  shall  certify  to  "the  Public  Build- 
ing Commissioners  of  the  city  of  Albany  "  the  several  sites  so 
selected,  and  "  the  Public  Building  Commissioners  of  the  city 
of  Albany  "  shall  immediately  take  steps  to  acquire  title  thereto, 
as  provided  by  section  two  of  this  act.  All  the  plans  and  specifi- 
cations proposed  for  the  erection  of  the  school  buildings,  or  for 
repairs  and  extension  to  the  High  School,  must  first  be  approved 


570  Laws  Relating  to  the 

by  the  Board  of  Public  Instruction  before  the  same  shall  be 
adopted  by  "  the  Public  Building  Commissioners  of  the  city  of 
Albany,"  and  the  school  buildings  shall  be  erected  in  accordance 
with  the  plans  and  specifications  so  approved  by  the  Board  of 
Public  Instruction  of  the  city  of  Albany.  The  Superintendent  of 
School  Buildings  employed  by  and  under  the  direction  of  the 
Board  of  Public  Instruction  shall  act,  under  the  direction  of  the 
Public  Building  Commissioners,  as  Superintendent  of  Construc- 
tion of  the  school  buildings  erected  under  this  act. 

§  5.  It  shall  be  the  duty  of  the  Board  of  Finance  of  the  city  of 
Albany  to  borrow  on  the  faith  and  credit  of  the  city  of  Albany, 
such  sum  or  sums  of  money  as  shall  be  required  to  pay  the 
expenditures  herein  authorized  to  be  made  by  the  said  commis- 
.siouers  under  this  act  and  to  issue  the  bonds  of  said  city  there- 
for, which  bonds  shall  be  signed  by  the  said  Mayor  and  Chamber- 
lain, and  shall  be  made,  registered  and  payable  in  the  city  of 
Albany.  They  shall  bear  interest  at  a  rate  to  be  fixed  by  the 
Board  of  Finance  not,  however,  to  exceed  five  per  centum  per 
annum,  payable  semi-yearly;  and  as  fast  as  the  money  shall  be 
required  by  said  commissioners  they  shall  be  negotiated  by  said 
Mayor  and  Board  of  Finance,  as  hei'einafter  provided,  and  the 
money  received  therefrom  shall  be  deposited  with  the  Chamber- 
lain of  said  city,  who  shall  keep  a  separate  account  thereof,  and 
shall  pay  therefrom  under  the  order  of  said  commissioners,  or  a 
majority  of  them,  such  sums  as  shall  be  required  by  the  expen- 
ditures authorized  by  this  act.  The  negotiation  of  such  bonds 
shall  be  by  selling  the  same  by  the  said  Cliamberlain  to  the 
highest  bidder  at  public  auction,  at  not  less  than  par,  giving  at 
least  ten  days'  previous  notice  of  the  time  and  place  of  sale,  by 
publication  in  the  city  papers  designated  for  the  publication  of 
city  proceedings.  Such  bonds  shall  be  issued  in  such  manner  and 
for  such  length  of  time  that  five  thousand  dollars  thereof  shall 
be  payable  each  year,  commencing  the  second  year  after  the 
issue  of  the  first  one,  the  last  of  said  bonds  to  be  payable  not 
later  than  twenty  years  from  the  issue  of  the  first  bond.  It  shall 
be  the  duty  of  the  Common  Council  of  said  city  to  cause  to  be 
raised  yearly  by  tax  upon  the  taxable  property  in  said  city,  in 
the  same  manner  as  other  general  taxes  are  levied,  a  sum  suffi- 
cient to  pay  the  interest  upon  said  bonds  when  and  as  the  same 
shall  become  due  and  payable,  and  the  sum  of  five  thousand 
dollars  to  meet  the  amount  of  principal  coming  due  each  year 
under  the  provisions  of  this  act.     And  the  remainder  of  said 


City  of  Albany.  571 

bonds  due  at  the  expiration  of  said  twenty  years,  not  provided 
for  by  said  annual  payment  of  five  thousand  dollars,  shall  be 
payable  out  of  the  general  debt  sinking  fund  of  the  said  city 
of  Albany.  The  Chamberlain  of  the  city  of  Albany  is  hereby 
authorized  to  make  advances  for  the  necessary  expenditures  by 
the  said  commissioners,  upon  their  order  or  draft,  from  any  funds 
in  his  possession,  prior  to  the  issuing  of  the  bonds  herein  author- 
ized, and  to  be  reimbursed  from  the  proceeds  of  the  subsequent 
sale  of  any  of  such  city  bonds. 

(As  amended  by  chapter  135,   L<aws  of  1892.) 

§  6.  The  said  commissioners  shall  keep  a  full  record  of  their 
proceedings  and  an  exact  and  particular  account  of  all  their 
receipts  and  disbursements  under  and  by  virtue  of  this  act,  and 
which  records  and  accounts  shall  at  all  times  be  open  to  inspec- 
tion by  the  Mayor,  Chamberlain  and  members  of  the  Common 
Council  of  the  city  of  Albany,  and  upon  the  completion  of  their 
duties  said  commissioners  shall  deposit  such  records  and  put 
their  books  of  account,  and  vouchers  pertaining  to  the  work  of 
said  commissioners  under  this  act,  in  the  office  of  the  Chamber- 
lain of  the  city  of  Albany,  there  to  be  preserved  as  records  of  his 
office. 

§  7.  Upon  the  completion  of  the  construction  of  any  of  the 
buildings  hereby  authorized  to  be  constructed,  the  said  com- 
missioners shall  forthwith  tui*n  the  same  over  to  the  officer,  com- 
mission or  department  for  whose  use  or  occupation  it  is  desig- 
nated, and  when  the  last  of  such  buildings  is  so  completed  and 
accepted,  the  Mayor  of  the  city  of  Albany,  by  a  certificate  in 
writing  to  be  filed  with  the  Clerk  of  the  Common  Council  of  said 
city,  shall  dissolve  said  commission. 

Repair  and  restoration  of  City  Building. —  Plans  for  repairs. — 
Contracts  for  work. —  Money  for  expenditures. —  Issue   of 
certificates  of  indebtedness. 
§  8.  In  case  the  Common  Council  of  the  city  of  Albany  shall 
not  before  this  act  takes  effect,  otherwise  provide  for  procuring 
the  money    required    to    defray    the    expense    necessary  to    be 
incurred  for  the  repair  and  restoration  of  the  City  Building,  in 
said  city,  "  the    Public    Building    Commission    of    the    city  of 
Albany,"  whose  appointment  is  authorized  by  the  first  section 
of  the  act  hereby  amended,  shall,  in  addition  to  the  powers  con- 
ferred in   and   by  the   said    act,  have    power   and   authority  to 


572  Laws  Relating  to  the 

repair  and  restore  said  City  Building,  and  make  sucli  alteration 
in  the  present  plan  thereof  and  such  additions  to  said  building 
and  improvements  therein  as  shall  in  their  judgment  be  desir- 
able for  the  purpose  of  making  said  City  Building  suitable  and 
convenient  for  the  needs  of  the  various  boards,  commissions, 
departments  and  otticers  of  the  city  government,  provided  that 
the  aggregate  expense  of  making  such  repairs  and  additions 
shall  not  exceed  the  sum  of  twenty-five  thousand  dollars.  The 
work  shall  be  let  and  performed  in  the  manner  required  in  and 
by  said  act  hereby  amended,  except  that  the  said  commissioners 
shall  solicit,  by  public  advertisement  for  five  successive  days  in 
three  newspapers  published  in  the  city  of  Albany,  plans  or  plans 
and  specifications  for  the  repairs  and  improvements  of  said  City 
Building,  and  said  plans  or  plans  and  specifications,  when 
adopted  by  said  commissioners,  shall  be  opened  for  public  inspec- 
tion at  such  place  as  the  said  commissioners  may  designate,  at 
least  one  week  before  the  letting  of  any  contract  for  said  repairs 
and  improvements.  As  soon  as  the  said  commissioners,  or  a 
majority  of  them,  shall  agree  upon  a  plan  for  the  repairing 
and  improvement  of  said  City  Building,  the  work  of  repairing  and 
improving  the  same  shall  be  let  by  contract  or  contracts  and 
said  commissioners  shall  give  reasonable  notice  in  three  news- 
papers published  in  the  city  of  Albany,  calling  for  bids  for  the 
repairing  and  improvement  of  said  City  Building.  Said  notice 
to  be  by  publication  for  five  successive  days.  The  money 
required  to  pay  the  expenditure  authorized  by  this  section  shall 
be  taken  from  any  unexpended  balance  now  remaining  in  the 
custody  of  the  Chamberlain  of  the  city  of  Albany  to  the  credit 
of  said  commissioners  so  far  as  such  balance  will  pay  the  same, 
and  such  other  moneys  as  shall  be  necessary  for  such  purpose 
shall  be  paid  out  of  any  fund  in  the  custody  of  said  Chamber- 
lain not  appropriated  to  any  specifice  use  or  purpose;  and  if 
there  shall  be  no  such  fund,  tlie  remainder  of  the  moneys  shall 
be  obtained  by  the  issuance  of  a  certificate  of  indebtedness  to  be 
subscribed  by  the  Board  of  Finance  of  said  city,  or  a  majority 
of  the  members  of  such  board,  which  certificate  of  indebtedness 
shall  bear  interest  at  a  rate  not  exceeding  five  per  centum  per 
annum,  to  be  fixed  by  said  Board  of  Finance,  be  made  payable 
on  the  first  day  of  February,  eighteen  hundred  and  ninety-five, 
and  be  negotiated  by  the  Board  of  Finance  after  five  days'  notice 
published  in  the  official  newspapers  of  said  city  for  bids  therefor. 
The  amount  thereof  with  interest  shall  be  included  in  the  next 


City  of  Albany.  573 

city  tax  budget  and  be  raised  by  tax  in  tlie  same  manner  as  other 
money  necessary  for  the  current  expenses  of  the  city  govemmeni. 
(Added  by  chapter  87,  Laws  of  1S94.) 

Clerk  to  commission. 

§  9.  The  Mayor  of  the  city  of  Albany  shall  assign  or  appoint 
as  clerk  to  said  commission  one  of  the  Mayor's  Clerks,  who  shall 
keep  a  record  of  all  their  transactions  and  perform  such  other 
services  as  may  be  required  of  him  by  said  commissioners,  and 
who  shall  serve  without  additional  compensation. 
(Added  by  chapter  87,  Laws  of  1894.) 

Clerkship  abolished. 

§  10.  The  clerkship  established  by  section  one  of  chapter  one 
hundred  and  fifty-one  of  the  Laws  of  eighteen  liuudred  and 
ninety-one  is  hereby  abolished. 

(Added  by  chapter  87,  Laws  of  1894.) 

§  11.  "  The  Public  Buildings  Commissioners  of  the  city  of 
Albany,"  whose  appointment  is  authorized  by  the  first  section 
of  the  act  hereby  amended,  shall,  in  addition  to  the  powers  con- 
ferred in  and  by  the  said  act,  have  power  and  authority  to  com- 
plete the  work  necessary  to  be  done  in  the  repair,  alteration, 
restoration  and  complete  finishing  of  the  City  Building,  in  the 
said  city  of  Albany,  in  accordance  with  the  plans,  estimates  and 
proposals,  made  to  and  by  the  said  Public  Buildings  Commis- 
sioners of  the  city  of  Albany,  as  reported  by  the  said  commis- 
sioners, to  the  Common  Council  of  said  city,  which  work  shall 
include  the  placing  in  service  of  a  passenger  elevator  in  said 
building,  together  with  the  doing  of  all  work  necessary  to  final 
completion  of  said  work,  in  accordance  with  said  plans,  provided 
that  the  aggregate  expense  of  the  doing  of  such  work  complete, 
shall  not  exceed  the  sum  of  thirteen  thousand  eight  hundred 
and  fifty  dollars  in  addition  to  the  sum  already  appropriated  and 
now  in  the  hands  of  the  Chamberlain.  The  money  required  to 
meet  the  expenditure  authorized  by  this  section  shall  be  taken 
from  any  unexpended  balance  now  remaining  in  the  custody  of 
the  Chamberlain  of  the  city  of  Albany,  to  the  credit  of  said 
commissioners,  so  far  as  such  balance  will  pay  the  same,  and 
such  other  moneys  as  shall  be  necessaiy  for  such  purpose  shall 
be  paid  out  of  any  fund  in  the  custody  of  said  Chamberlain  not 
appropriated  to  any  specific  use  or  purpose;   and  if  there  shall  be 


574  Laws  Relating  to  the 

uo  such  fund,  the  remaiuder  of  the  moneys  shall  be  obtained  by 
the  issuance  of  a  certificate  of  indebtedness  to  be  subscribed  by 
the  Board  of  Finance  of  said  city,  or  a  majority  of  the  members 
of  such  board,  which  certificate  of  indebtedness  shall  bear  inter- 
est at  a  rate  not  exceeding  five  per  centum  per  annum  to  be  fixed 
by  the  said  Board  of  Finance  and  which  certificate  of  indebted- 
ness shall  be  made  payable  on  the  first  day  of  February,  eigh- 
teen hundred  and  ninety-six,  and  be  negotiated  by  the  Board  of 
Finance  after  five  days'  notice,  published  in  the  official  news- 
papers of  said  city  for  bids  therefor.  The  amount  thereof,  with 
interest,  shall  be  included  in  the  next  city  tax  budget,  and  be 
raised  by  tax  in  the  same  manner  as  other  money  necessary  for 
the  current  expenses  of  the  city  government. 
(Added  by  chapter  213,  Laws  of  1895.) 


CHAPTER  248. 
An  Act  to  establish  a  public  driveway  on  that  portion  of  Wash- 
ington   avenue,  in  the    city  of    Albany,  lying    between    Quail 
street  on  the  east,  and  the  east  line  of  the  Manning  Boulevard, 
intersecting  said  AYashington  avenue,  on  the  west. 
Accepted  by  tJie  city. 

Became  a  law  April  5,  1895,  with  the  approval  of  the  Governor, 
Passed,    three-fifths   being  present. 

The  People  of  the  State  of  New  York,  represented  in  Senate  and 
Ansembly,  do  enact  as  follows: 

Section  1.  That  portion  of  AVashington  avenue,  in  the  city  of 
Albany,  lying  between  Quail  street  on  the  east,  and  the  east  line 
of  Manning  Boulevard,  intersecting  said  AA^ashington  avenue  on 
the  west;  a  majority  of  the  owners  of  the  property  fronting 
thereon  having  consented  and  said  consent  having  been  filed 
with  the  Clerk  of  the  Common  Council  of  the  city  of  Albany,  is 
hereby  placed  under  the  control  and  charge  of  the  Board  of 
Commissioners  of  AA^ashington  Park  of  the  city  of  Albany,  for  the 
purpose  of  laying  out  the  same  and  establishing  therein  a  public 
driveway,  which  control  and  management  shall  continue  until 
said  portion  of  said  AA\ashington  avenue  shall  cease  to  be  used 
for  such  public  driveway  as  hereinafter  provided. 

§  2.  The  said  Board  of  Commissioners  of  Washington  Park  of 
the  city  of  Albany  are  hereby  authorized  to  receive  from  time  to 
time  such  sums  of  money  as  may  be  voluntarily  donated  by  any 


CiTr  OF  Albany.  575 

person  or  associatiou  for  the  purpose  of  grading,  constructing 
and  maintaining  said  driveway,  and  said  commissioners  sliall, 
as  soon  as  practicable,  lay  out  and  expend  the  money  so  received 
in  constructing,  grading,  improving  and  maintaining  said  por- 
tion of  Wasliington  avenue  so  as  to  make  and  keep  it  suitable 
and  proper  for  such  driveway,  but  said  commissioners  shall  not 
lay  out  or  expend  for  such  purpose  any  money  raised  by  assess- 
ment or  taxation. 

§  3.  The  said  Board  of  Commissioners  of  Washington  Park  of 
the  city  of  Albany  may  make  such  rules  and  regulations  as  it 
may  deem  advisable  for  the  use  of  said  driveway  and  as  to  the 
speed  of  riders  and  drivers  on  said  driveway,  and  for  the  exclu- 
sion therefrom  of  any  kind  of  vehicle,  the  use  of  which  may 
injure  said  drivewaj-  or  render  same  unfit  or  inconvenient  for  the 
purpose  thereof.  No  street  or  other  railway  shall  be  laid  down 
on  said  driveway  or  any  portion  thereof.  All  trucks,  carts  and 
vehicles  of  all  kinds  for  the  transportation  of  merchandise  or 
freight  of  any  description  shall  be  excluded  therefrom,  except 
when  and  while  transporting  and  delivering  such  merchandise 
or  freight  to  and  for  persons  dwelling  on  said  avenue,  in  case 
of  such  transportation  and  delivery  it  shall  be  the  duty  of  the 
driver  or  drivers  to  enter  and  leave  said  driveway,  with  said 
vehicle,  at  the  intersecting  street,  which  is  nearest  to  the  point 
or  place  of  delivery,  and  to  leave  said  driveway  immediately 
after  the  delivery  of  such  merchandise  or  freight.  A  violation 
of  this  section,  or  of  the  rules  and  regulations  made  by  the  Board 
of  Commissioners  of  AVashington  Park  of  the  city  of  Albany, 
relative  to  the  use  of  said  driveway,  shall  be  a  misdemeanor. 

§  4.  At  any  time  after  said  driveway  shall  be  used  as  such  for 
five  years,  or  in  case  the  same  shall  not  be  constructed,  used 
and  maintained  as  such  driveway;  at  any  time  prior  to  the 
expiration  of  said  five  years,  the  owners  of  a  majority  of  the 
property  abutting  on  same  may  petition  the  Board  of  Aldermen 
of  the  city  of  Albany  to  pave  said  driveway,  or  to  have  the  same 
abandoned  as  such  driveway,  and  if  said  board  shall  act  favor- 
ably upon  said  petition,  and  it  shall  be  determined  according  to 
law  to  pave  or  abandon  the  same  as  such  driveway,  then  and 
from  thencefoi'th  the  same  shall  cease  to  be  such  driveway,  and 
the  management,  control  and  charge  thereof  shall  pass  from  said 
Board  of  Commissioners  of  Washington  Park  of  the  city  of 
Albany  to  said  city  of  Albany,  to  be  owned,  controlled  and  man- 
aged by  it  the  same  as  before  the  passage  of  this  act. 


576  Laws  Relating  to  the 

CHAPTER  1. 

An  act  to  provide  for  public  notice  and  opportunity  for  a  public 
hearing  before  the  Mayor  and  legislative  body  of  any  city  of 
the  second  or  third  class  concerning  all  special  city  laws  relat- 
ing to  such  city. 

Became  a  law  January  28,  1895,  with  the  approval  of  the  Governor. 
Passed,  three-fifths  being-  present. 

The  People  of  the  State  of  Neio  York,  represented  in  Senate  and  Assem- 
bly, do  enact  as  follows : 

Section  1.  Wlienever  a  certified  copy  of  any  bill  for  a  special  city 
law  shall  be  transmitted  to  the  Mayor  of  any  city  of  the  second 
or  third  class,  pursuant  to  the  provisions  of  section  two  of  article 
twelve  of  the  Constitution,  the  said  Mayor  shall  forthwith  upon 
receipt  thereof  fix  a  day  for  a  public  hearing  in  such  city  con- 
cerning such  bill  before  the  Mayor  and  legislative  body  thereof 
and  shall  give  public  notice  of  the  time  and  place  of  such  hear- 
ing by  publishing  said  notice  for  three  successive  days  in  a  daily 
newspaper  published  in  said  city  and  designated  by  him.  The 
Mayor  shall  also  cause  a  copy  of  said  notice  to  be  served  upon 
each  member  of  the  legislative  body  either  personally  or  by  mail 
at  least  two  daj^s  before  the  day  fixed  therein  for  such  public 
hearing.  Said  notice  shall  also  contain  the  title  of  the  bill  and 
any  explanatory  statement  concerning  the  same  which  the  Mayor 
shall  deem  advisable. 

§  2.  The  Mayor  and  the  legislative  body  shall  attend  at  the 
time  and  place  appointed  for  such  hearing,  and  shall  afford  an 
opportunity  for  a  public  hearing  concerning  such  bill. 

§  3.  After  such  hearing,  and  within  fifteen  days  after  the  trans- 
mission to  him  of  a  certified  copy  of  such  bill,  the  said  Mayor 
shall  I'eturn  the  same  to  the  house  from  which  it  was  sent,  or 
if  the  session  of  the  Legislature  at  which  such  bill  was  passed 
has  terminated,  to  the  Governor,  with  the  certificate  thereon  of 
the  Mayor  and  the  presiding  officer  of  the  legislative  body  stat- 
ing whether  the  city  has  or  has  not  accepted  the  same,  and  such 
bill  shall  not  be  deemed  to  have  been  accepted  by  such  city, 
unless  the  Maj^or  and  a  majority  of  the  legislative  body  shall 
concur  in  such  acceptance.  The  Mayor  shall  also  append  to  said 
certified  copy  of  such  bill  a  further  certificate  stating  that  the 
public  notice  herein  provided  for  has  been  given,  that  a  meet- 
ing of  the  legislative  body  has  been  held  pursuant  thereto,  and 


City  of  Albany.  577 

thiit  ill!  opportunity  for  a.  public  hearing  couceruing  such  bill 
has  been  afforded,  pursuant  to  the  provisions  of  this  act,  and 
such  certificate  shall  be  conclusive  evidence  thereof. 

§  4.  The  clerk  of  the  house  in  which  such  bill  originated  shall 
indorse  upon  the  original  bill  to  be  presented  to  the  Governor,  and 
upon  the  certified  copy  thereof  to  be  transmitted  to  the  Mayor, 
the  date  of  such  transmission.  The  said  clerk,  if  the  certified 
copy  of  said  bill  is  returned  to  the  house  in  which  the  bill  origin- 
ated, or  the  Governor,  if  said  certified  copy  is  returned  to  him, 
shall  indorse  the  date  of  such  return  upon  the  said  original  bill 
and  also  upon  said  certified  copj-  thereof.  In  every  case  in  which 
a  bill  for  a  special  city  law  has  been  accepted  by  the  city  or 
cities  to  which  It  relates,  the  certified  copy  or  copies  thereof 
transmitted  to  the  Mayor  or  Mayors  of  said  city  or  cities  and 
returned  by  him  or  them,  with  the  certificates  indorsed  thereon 
or  appended  thereto,  shall  be  attached  to  the  original  bill  and 
presented  therewith  to  the  Governor. 

§  5.  The  amount  necessary  to  be  expended  in  any  such  city  in 
complying  with  the  requirements  of  this  act  shall  be  a  public 
charge  and  shall  be  paid  out  of  any  fund  or  appropriation  appli- 
cable thereto,  and  if,  in  any  such  city,  there  is  no  fund  or  appro- 
priation applicable  to  such  payment  in  the  year  eighteen  hun- 
dred and  ninety-five,  then  and  in  that  case  the  board  or  body 
in  such  city  charged  with  the  duty  of  estimating  the  amounts 
required  to  pay  the  expenses  of  conducting  the  public  business 
of  said  city  shall,  within  thirty  days  after  the  passage  of  this 
act,  meet  and  estimate  the  amount  necessary  to  be  expended 
by  the  Mayor  of  said  city  under  the  provisions  of  this  act  during 
the  year  eighteen  hundred  and  ninety-five,  and  the  amount  so 
estimated  shall  be  added  to  and  become  a  part  of  the  final  esti- 
mate of  the  amounts  required  to  pay  the  expense  of  conducting 
the  public  business  of  said  city  during  said  year,  and  shall  be 
collected  by  tax  upon  the  estates,  real  and  personal,  subject  to 
taxation  in  said  city. 

§  6.  This  act  shall  take  effect  Immediately. 


37 


578  Laws  Relating  to  the 

CHAPTER  776. 

An  Act  to  reduce,  conlirm  and  levy  certain  assessments  for  pav- 
ing, et  cetera.  Woodlawn  avenue,  in  tlie  city  of  Albany,  to  pro- 
vide for  the  payment  thereof,  and  in  relation  to  certain  sales 
thereunder. 

Became  a  law  May  27,  1895,  with  the  approval  of  th«  Governor. 
Passed  by  a  two-thirds  vote. 

The  People  of  the  State  of  Neic  Fork,  represented  in  Senate  and  Asstvi- 
bly,  do  enact  as  follows: 

Section  1.  (The  sales  heretofore  made  by  the  city  of  Albany 
of  lots,  pieces  or  parcels  of  land  for  the  non-payment  of  tlie 
assessments  for  the  "  excavation,  filling,  forming  and  paving, 
with  Trinidad  sheet  asphalt,  Woodlawn  avenue;  also  for  flagging, 
graveling  and  sodding  the  sidewalks  and  for  laying  sewers 
under  the  sidewalks  on  Woodlawn  avenue,  in  the  city  of  Albany, 
New  York,  from  the  west  curb  line  of  Lake  avenue  to  the  east 
curb  line  of  Partridge  street,"  which  assessments  were  confirmed 
by  the  Board  of  Contract  and  Apportionment  of  said  city  on  the 
fifteenth  day  of  August,  eighteen  hundred  and  ninety-two,  are 
hereby  confirmed,  and  the  time  for  the  redemption  from  such 
sale  is  hereby  extended  in  such  wise  that  the  said  assessments 
as  originally  assessed  and  apportioned  may  be  paid  in  the  man- 
ner following,  anything  in  the  charter  or  laws  relating  to  the 
city  of  Albany  to  the  contrary  notwithstanding,  viz.  :  One-twelfth 
part  of  such  assessments,  with  interest  on  the  same  from  the 
date  of  the  confirmation  of  said  assessment  by  the  Board  of 
Contract  and  Apportionment,  at  and  after  the  rate  of  four  per 
centum  per  annum  upon  the  whole  assessment  shall  be  paid  on 
the  first  day  of  September,  eighteen  hundred  and  ninety-five,  and 
one-tAvelfth  part  thereof  with  like  interest  on  the  whole  amount 
of  the  assessment  remaining  unpaid  from  the  date  at  which  the 
last  previous  payment  of  interest  is  provided  to  be  paid,  may 
be  paid  on  each  succeeding  first  day  of  September,  until  the 
whole  of  such  assessment  shall  be  paid;  provided,  that  the  pro- 
ceedings brought  and  now  pending  in  the  Supreme  Court  to 
vacate  and  set  aside  said  assessment  and  to  restrain  the  city 
from  collecting  the  same  shall  be  discontinued  by  the  entry  of  an 
order  to  that  effect  within  ninety  days  after  the  passage  of  this 
act),  and  when  the  whole  amount  of  such  assessment  and  the 
interest  thereon  shall  be  paid  in  the  manner  above  stated,  then 


City  of  Albany.  579 

and  thereupon  the  said  assessment  and  the  sale  or  sales  of  any 
lot  or  lots  shall  by  virtue  of  such  payment  be  and  become  of  no 
effect.  The  owner  of  any  piece  of  property  so  assessed  may.  at 
any  time,  pay  to  the  Chamberlain  of  the  city  of  Albany  the  entire 
assessment  upon  his  property  with  interest,  at  the  rate  afore- 
said from  the  date  of  the  confirmation  of  said  assessment  by  the 
Board  of  Contract  and  Apportionment  to  the  time  of  such  pay- 
ment, and  thereupon  said  property  so  redeemed  shall  be  dis- 
charged from  the  lien  of  such  assessment  and  from  all  sales 
thereunder.  In  case  said  assessment,  or  any  payment  in  this  sec- 
tion provided  for.  shall  not  be  made  as  above  provided  for,  any 
and  each  sale  heretofore  made,  or  hereafter  to  be  made,  of  any 
land  in  regard  to  which  such  payments  herein  provided  for,  or 
any  of  them,  shall  not  be  made,  shall  be  in  all  respects  subject 
to  the  same  right  of  redemption  and  become  absolute  in  the 
same  manner  as  if  tliis  act  had  not  been  passed. 
§  2.  This  act  shall  take  effect  immediately. 


CHAPTER  1029. 

An  Act  to  provide  for  the  distribution  of  the  unexpended  balance 
of  money  now  in  the  hands  of  the  Mayor  of  the  city  of  Albany 
raised  by  public  subscription  for  the  benefit  of  the  sufferers 
from  the  flood  in  the  Conuemaugh  valley. 

Became  a  law  June  15,  1895,  with  the  approval  of  the  Governor. 
Passed  by  a  two-thirds  vote. 

The  People  of  the  State  of  New  York,  reprexe iited  in  Senate  and 
Assembly,   do  enact  as  followH  : 

Section  1.  The  trustees  of  the  Albany  Free  Library,  of  Albany, 
New  York,  are  hereby  constituted  the  trustees  of  the  unexpended 
balance  of  the  fund  raised  by  public  subscription  for  the  benefit 
of  the  sufferers  from  the  flood  in  the  Conemaugh  valley,  com- 
monly termed  the  "  Johnstown  flood,"  which  occurred  about 
June  one,  eigtheen  hundred  and  eighty-nine,  now  in  the  hands 
of  the  Mayor  of  the  city  of  Albany  or  any  other  custodian  thereof. 
And  the  said  ^Nlayor  or  other  custodian  of  said  fund  is  hereby 
directed  to  turn  over  all  moneys  in  his  hands  belonging  to  said 
fund  to  the  trustees  herein  mentioned  upon  the  filing  with  said 
Mayor  such  consent  or  transfer  as  has  been  executed  by  sub- 
scribers to  said  fund.  Said  Mayor  or  custodian  of  said  fund  is 
authorized  and  empowered  to  return  to  any  subscriber  to  said 


580      Laws  Relating  to  the  City  of  Albany. 

fund  any  subscription  which  was  not  forwarded  at  or  after  the 
time  the  same  was  subscribed. 

§  2.  The  said  trustees  shall  receive  and  receipt  for  all  such 
moneys,  and  shall  invest  the  same  as  in  their  judgment  shall  be 
proper,  and  shall,  from  time  to  time,  pay  over  to  the  Albany 
Free  Library  the  income  of  such  fund  and,  in  their  discretion, 
the  principal  of  such  fund  in  such  manner  and  amounts  as  shall, 
in  their  judgment,  be  for  its  best  interests. 

§  3.  But  no  part  of  said  principal  fund  shall  be  expended  by 
said  trustees  of  the  Albany  Free  Library  until  they  shall  exe- 
cute and  deliver  to  the  people  of  the  State  of  New  York  a  bond, 
under  their  hand  and  seal,  in  the  sum  of  one  thousand  dollars, 
conditioned  that  they  will  refund  to  any  subscriber  to  said  fund 
such  amounts  as  a  court  of  competent  jurisdiction  shall  adjudge 
to  be  his  or  their  proportionate  share  and  interest  in  said  fund; 
but  said  library  shall  in  no  event  be  liable  or  accountable  for 
costs  in  any  suit  or  proceeding  or  beyond  the  amount  of  the  prin- 
cipal fund  received  by  said  trustees. 

§  4.  This  act  shall  take  effect  immediately. 


Part   III 


City  Laws  and  Ordinances 


CITY    OF    ALBANY 


ORDI  NAN  CES. 


OF  CITY  BOARDS  AND    DEPARTMENTS 


CHAPTER  1. 

Of  the  Board  of  Audit. 
Section  1.  Officers  of  board. 

2.  Meetings. 

3.  Books. 

4.  Further  powers. 

5.  City  Marshal  to  serve  notices. 

Officers  of  board. 

Section  1.  The  Mayor  shall  be  the  president  of  said  board,  and 
the  Clerk  of  the  Common  Council  the  secretarj^  thereof  and  the 
custodian  of  the  books,  papers  and  vouchers  of  said  board. 

Meetings. 

^  2.  Said  board  shall  meet  at  the  Mayor's  office  on  the  second 
Tuesday  ot  each  month,  at  ten  o'clock  in  the  forenoon,  except 
in  the  mouths  of  July  and  August,  for  the  audit  of  bills  and 
the  transaction  of  such  other  business  as  may  be  presented  for 
consideration. 

Books. 

§  3.  The  said  board  shall  keep  a  book  showing  the  number  of 
each  bill  presented,  the  name  of  the  claimant,  and  briefly  show- 
ing the  nature  of  the  work  done  or  the  materials  furnished,  the 
amount  of  the  claim,  whether  allowed  or  disallowed,  and,  if 
allowed,  the  amount  allowed  thereon. 

Further  powers. 

§  4.  Said  board  shall  have  such  further  powers  and  perform 
such  other  duties  as  are  prescribed  by  law,  and  shall  make  such 
rules  and  regulations  governing  its  proceedings. 


584  Ordinances  of  the 

City  Marshal  to  serve  notices. 

§  5.  It  is  hereby  made  the  duty  of  the  City  Marshal  to  subpoena 
claimants  and  such  other  persons  to  attend  the  meetings  of  said 
board,  as  a  majority  of  said  board  may  direct. 


CHAPTER  2. 

Of  the  Trustees  of  the  Sinking  Fund. 

Section  1.  Officers  of  board. 

2.  To  have  charge  of  sinking  fund. 

Ofiicers  of  board. 

Section  1.  The  Mayor  shall  be  tlie  president  of  said  tnistees. 
The  Chamberlain  shall  have  the  custody  of  the  books  and  papers 
of  the  board,  and  the  bonds  or  other  securities  held  as  invest- 
ments shall  be  placed  in  the  deposit  bank  for  safe  keeping. 

To  have  charge  of  sinking  fund. 

§  2.  Said  tnistees  sliall  have  the  care,  direction  and  application 
of  the  sinking  funds  of  the  city  as  prescribed  by  law.  Said 
trustees  may  make  rules  and  regulations  for  the  government 
of  their  proceedings,  and  shall  meet,  at  such  times  as  are  desig- 
nated by  a  majority  of  the  board,  at  the  Chamberlain's  office. 

CHAPTER  3. 

Of  the  Board  of  Finance. 
Section  1.  Date  of  organization. 

Date  of  organization. — Officers. 

Section  1.  The  Mayor  shall  be  president  of  said  board,  and  the 
clerk  of  the  Common  Council  sliall  be  the  clerk,  and  the  Chamber- 
lain shall  have  the  care  and  custody  of  the  books,  papers  and 
nroperty  of  said  board,  and  shall  keep  a  book  or  books  showing 
the  bonded  indebtedness  of  the  city,  the  date  of  the  issue  of  all 
bonds,  the  purpose  for  which  issued,  the  rate  of  interest  payable 
thereon  and  when  payable,  and  the  payments  made  thereon. 
Said  board  shall  have  the  powers  and  perform  the  duties  pre- 
scribed by  law.  It  shall  make  rules  and  regulations  governing  its 
proceedings.  Said  board  shall  meet  at  the  Mayor's  office,  in  the 
City  Hall. 


CiTT  OF  Albany.  585 

CHAPTER  4. 

Of  the  Board  of  Contract  and  Apportionment. 
Section  1.  Officers  of  board. 

2.  Office. 

3.  Before  contracts  awarded,  notice  to  be  published. 

4.  Opening  of  bids. 

5.  Power  to  disregard  proposals. 

6.  Clerk  to  lieep  record. 

7.  Filing  of  proposals. 

8.  Power  to  determine  quality  of  materials. 

Members  constituting  board. — President  of. 

Section  1.  The  Mayor  shall  be  the  president  of  said  board,  and 
it  shall  have  power  and  authority  to  make  rules  and  regulations 
for  the  government  of  its  members,  clerks  and  employes  and  the 
transaction  of  its  business. 

Ofiioe. 

g  2.  Said  board  shall  have  its  office  in  the  City  Hall  of  said 
city,  which  shall  bo  kept  open  from  nine  in  the  morning  lO  five 
in  the  afternoon  of  each  day,  except  Sundays  and  legal  holidays. 

Before  contracts  awarded  notice  to  be  published. 

§  3.  Before  any  contract  shall  be  awarded  by  said  board  for 
the  paving,  repaving,  flagging,  curbing,  planking,  grading,  exca- 
vating, filling,  constructing,  repairing  and  opening  streets,  alleys, 
sewers,  drains,  docks,  basins,  cess-pools,  culverts,  fencing  and 
filling  lots,  laying  new  cross-walks,  lighting,  or  for  removing  the 
street  dirt  or  garbage  in  said  city,  or  for  any  other  purpose  here- 
inbefore specified,  a  notice  shall  be  published  in  the  official 
papers  as  provided  for  by  law,  In  which  shall  be  specified  gener- 
ally a  description  of  the  work  to  be  done. or  improvements  con- 
templated, and  materials  to  be  furnished  and  the  quality  thereof, 
and  Inviting  persons  to  send  sealed  proposals  or  bids  therefor, 
specifying  for  what  price  the  same  shall  be  done  or  furnished,  on 
a  day  and  hour  to  be  therein  mentioned;  the  said  sealed  bids  to 
be  addressed  to  the  Board  of  Contract  and  Apportionment  of  the 
city  of  Albany,  and  delivered  at  Its  office  at  the  time  of  such  meet- 
ing, indorsed  as  provided  for  by  law. 


586  Ordinances  of  the 

Opening  of  bids.  , 

§  4.  All  proposals  or  bids  so  addressed  and  delivered  shall 
be  opened  by  some  member  of  the  board  or  by  its  clerk,  even 
though  a  majority  of  the  members  of  such  board  should  not 
then  be  present.  But  no  bid  shall  be  considered  which  does  not 
comply  with  the  rules  of  said  board  or  which  has  not  indorsed 
thereon  the  title  of  the  work  to  which  it  relates,  the  name  of  the 
bidder  and  his  residence,  and  said  board  shall,  if  a  majority  of 
the  members  of  such  board  is  present,  award  to,  and  direct  the 
Mayor  to  enter  into  a  contract  with  the  person  or  persons  whose 
proposal  or  bid  shall  be  for  the  interest  of  the  city  for  doing  the 
work,  making  improvements  contemplated,  or  furnishing  the 
materials  required,  unless  it  appears  that  by  i-eason  of  some  act 
or  thing  to  be  done  in  behalf  or  on  the  part  of  the  city  the  doing 
of  such  work,  or  the  making  of  the  improvement,  cannot  be 
proceeded  with. 

Power  to  disregard  proposals. 

§  5.  Said  board  shall  have  the  power,  and  it  shall  be  its  duty, 
to  disregard  all  proposals  and  bids  not  complying  with  the  terms 
of  the  advertisement  inviting  the  same,  or  when,  in  their  opinion, 
a  proper  and  sufficient  undertaking  does  not  accompany  such 
proposal  or  bid;  nor  shall  any  bid  be  accepted  from,  or  contract 
awarded  to,  any  person  who  is  in  arrears  to  the  city  upon  debt 
or  contract,  or  who  is  a  defaulter  as  surety  or  otherwise,  upon 
any  obligation  to  the  city. 

Clerk  to  keep  record. 

§  6.  The  clerk  of  said  board  shall  keep  a  record  In  books  to  be 
provided  for  that  purpose  by  the  Clerk  of  the  Common  Council, 
containing  copies  of  all  advertisements  for  proposals,  the  names 
of  parties  proposing  and  the  time  of  receiving  same,  the  names 
of  the  sureties  to  their  undertaking,  the  amount  or  price  for 
which  the  work  was  proposed  to  be  done,  by  each  person,  and  the 
proposals  or  bids  rejected,  and  for  what  cause,  and  the  names  of 
the  person  or  persons  to  whom  the  contract  was  awarded.  He 
shall  also  keep,  in  a  book  to  be  used  for  that  purpose,  all  the 
expenses.  Including  printing  and  advertising,  in  any  matter  or 
proceeding  where  an  assessment  or  apportionment  is  to  be  made, 
in  order  that  the  expenses  may  be  added  and  assessed  and 
apportioned. 


City  of  Albany.  587 

Filing  of  proposals,  etc. 

§  7.  All  proposals  accepted,  and  bonds  received  therewith,  and 
contracts  entered  thereon,  shall  be  filed  in  the  office  of  the  Board 
of  Contract  and  Apportionment. 

Power  to  determine  quality  of  materials. 

§  8.  The  Board  of  Contract  and  Apportionment  shall  liave  the 
power  to  determine  the  quality  of  the  materials  to  be  used  and 
the  manner  in  which  all  worli  is  to  be  done,  referable  to  this 
department;  and  sliall  also  fix  the  price  for  all  repairs  for  streets, 
sidewalks,  cross-wallis,  doclis  and  drains  properly  ordered  by  the 
Street  Commissioner  or  by  .said  board. 


CHAPTER  5. 

Of  the  Law  Dcjyirtment 
Section  1.  Members  of. 

2.  Time  of  meeting. 

3.  To  report  to  Common  Council. 

Members  of  Law  Departm.ent. 

Section  1.  The  Law  Department  shall  consist  of  the  Corpo- 
ration Counsel,  the  Recorder  of  the  city  of  Albany,  and  the  Law 
Committee  of  the  Common  Council.  It  shall  have  an  office  in  thn 
City  Hall,  in  one  of  the  committee  rooms  of  the  Common  Council. 

Time  of  meeting. 

§  2.  The  Law  Department  shall  meet  at  least  once  a  month, 
except  during  the  months  of  July  and  August. 

To  report  to  Common  Council. 

§  3.  The  Law  Department  shall  examine  and  report  to  the 
Common  Council  upon  any  matter  submitted  to  it. 


588  Ordinances  of  'ihe 


OF    CITY    OFFICERS 


CHAPTER  6. 

Of  the  Chamberlain. 


Section  1.  Bond.  i 

2.  Grants,  leases,  etc.,  filed  in  office. 

3.  Account  books  to  be  kept. 

4.  To  report  exhausted  funds. 

5.  Moneys  to  be  deposited. 

6.  To  attend  meetings  of  Common  Council. 

Bond. 

Section  1.  The  Chamberlain  of  the  city  shall  annually,  on  the 
first  Tuesday  in  October,  make  and  execute  a  bond  with  sufficient 
sureties  in  the  sum  of  fifty  ($50,000)  thousand  dollars,  to  be 
approved  by  the  Mayor  and  filed  in  the  Mayor's  office, 
conditioned  for  the  faithful  performance  of  his  duties  as  Cham- 
berlain, and  the  due  accounting  for  and  paying  over  of  all 
moneys  and  property  paid  to  him  or  coming  into  his  hands  or 
within  his  care,  custody  or  control,  belonging  to  the  city;  the 
Deputy  Chamberlain  shall  at  the  same  time  execute  a  bond,  with 
sufficient  sureties,  in  the  sum  of  five  thousand  dollars,  conditioned 
as  aforesaid. 

Grants,  leases,  etc.,  filed  in  oflace. 

§  2.  There  shall  be  kept  in  said  Chamberlain's  office  all  grants, 
leases  and  connected  parts  of  leases  or  deeds,  mortgages  or  other 
assurances  or  evidence  of  title,  and  all  evidences  of  debt,  con- 
tracts, bonds  of  indemnity,  belonging  to  or  given  to  the  city  of 
Albany. 

Account  books  to  be  kept. 

S3.  Then*  sliall  at  nil  times  !)(>  Icept  in  said  Chamberlain's  office 
just  and  true  accounts,  and  Itooks  of  all  tlie  affairs  tliereof;  and 
the  Chamberlain  shall  furnish  statements  of  its  affairs  whenever 
requinMl  by  the  Mayor,  Board  of  Finance  or  Common  Council. 


City  of  Albany.  589 

To  report  to  Board  of  Finance  exhausted  funds. 

§  4.  The  Cliaiiiberlaui  shall  report  to  the  Board  of  Fiuauco 
every  case  in  which  an  appropriation  or  fund  is  exhausted,  the 
object  of  which  is  not  completed,  and  accompany  such  report 
with  a  statement  of  the  moneys  which  have  been  drawn  on  such 
appropriation,  the  particular  purpose  for  which  they  were  drawn, 
the  cause  of  the  deficiency,  and  an  estimate  of  the  amount  that 
will  be  necessary  to  complete  the  object  of  the  appropriation  or 
fund. 

Money  to  be  deposited,  checks  to  be  countersigned  by  Receiver 
of  Taxes. 
§  5.  All  moneys  that  shall  come  into  the  hands  of  the  Cham- 
Lei'laiu  shall  be  daily  deposited  in  the  banks  of  the  city  of 
Albany,  to  be  designated  by  the  Board  of  Finance,  and  all  inter- 
est or  other  moneys  received  thereon  or  therefor,  shall  be  credited 
to  and  paid  over  to  the  account  of  the  city.  All  moneys  shall  be 
paid  by  the  check  of  the  said  Chamberlain,  countersigned  by  the 
Receiver  of  Taxes,  on  any  bank  in  which  the  moneys  of  the  city 
shall  be  deposited;  and  no  moneys  shall  be  drawn  except  for  the 
purxjoses  and  use  of  the  Common  Council,  bj-  check  countersigned 
as  aforesaid.  No  money  shall  be  drawn  by  the  Chamberlain 
from  any  of  the  funds  I'aised  by  tax  or  otherwise  for  specific  pur- 
poses, to  make  up  deficiencies  which  may  occur  in  the  general 
or  any  other  fund. 

To  attend  meetings  of  Common  Council. 

§  6.  It  shall  be  the  duty  of  the  Chamberlain  to  attend  the  meet- 
ings of  the  Common  Council  and  to  give  such  information  as 
may  be  required,  concerning  the  financial  affairs  of  the  city. 


CHAPTER  7. 

Of  the  lieccice/-  of  luxos. 
Section  1.  Bond. 
2.  Duties. 
Bond. 

Section  1.  The  Receiver  of  Taxes  shall  annually,  on  the  first 
Tuesday  in  October,  make  and  execute  a  bond,  with  sufficient 
sureties,  in  the  sum  of  twenty-five  thousand  ($25,000)  dollars,  to 
be  approved  by  the  Mayor  and  filed  in  the  Mayor's  ofiice,  condi- 


590  Ordinances  of  the 

tioned  for  the  faithful  perforiuance  of  the  duties  of  his  office,  and 
faitliful  accouutiug  for  and  paying  over  of  all  moneys  and  prop- 
erty paid  to  him,  or  coming  into  his  hands  or  within  his  care, 
custody  or  control,  belonging  to  the  city.  The  Deputy  Receiver 
of  Taxes  shall  execute  a  bond,  with  sufficient  sureties,  conditioned 
as  aforesaid,  in  the  sum  of  five  thousand  dollars. 

Duties  of  said  officers. 

§  2.  It  shall  be  the  duty  of  said  oflicers  to  perform  the  duties 
required  by  the  laws  of  the  State  and  the  ordinances  of  the  Com- 
mon Council. 


CHAPTER  8. 

Of  the  Corporation  Counsel  and  Assistant. 
Section  1.  Custodian  of  books  and  papers. 

2.  To  report  suits. 

3.  Assistant  corporation  counsel. 

Legal  adviser  of  city  officers. — To  conduct  proceedings  widen- 
ing streets,  etc. — To  keep  register. — Deliver  to  successor 
books,  deeds,  etc. 

Section  1.  The  corporation  counsel  shall  keep  in  proper  books,  a 
register  of  all  actions  prosecuted  or  defended  by  him,  and  all 
proceedings  had  therein,  and  shall  be  the  custodian  of  all 
books  and  papers  belonging  to  the  I^aw  Department.  He 
shall,  upon  the  expiration  of  his  term  of  office,  resignation 
thereof,  or  remoA'al  therefrom,  forthwith  deliver  to  his  suc- 
cessor in  office  all  books,  deeds,  leases,  contracts  and  other 
papers  in  his  hands,  belonging  to  the  city;  and  the  papers  in  all 
suits  pending  and  determined;  and  such  registers,  books  and 
papers,  as  may  have  been  transmitted  to  him  by  his  predecessor 
in  office,  and  a  written  consent  of  substitution  of  his  successor  in 
office,  in  all  actions  then  pending  and  undetermined. 

To  report  suits,  etc. 

§  2.  The  Corporation  Counsel  shall  submit  at  the  last  meet- 
ing of  the  Common  Council  in  December  of  each  year,  and  oftener 
if  required,  a  statement  of  the  number  of  suits  commenced  or 
defended  in  the  previous  year  and  the  number  then  pending, 
with  a  brief  statement  of  their  nature,  and  such  other  matters 
as  relates  to  his  office. 


City  of  Albany.  591 

Assistant  Corporation  Counsel. 

§3.  The  Assistant  Corporation  Counsel,  under  the  direction  of 
the  Corporation  Counsel,  shall  act  for.  represent  or  perform  the 
duties  enjoined  in  any  law  or  ordinance  upon  the  Corporation 
Counsel. 


CHAPTER  9. 

Of  the  Clerk  of  the  Common   Coxincil. 

Section  1.  Wlien  appointed  and  duties. 

2.  Office  hours. 

3.  To  prepare  proceedings,  etc. 

4.  Further  duties. 

5.  Stationei'y. 

6.  Requisitions  required. 

7.  To  certify  to  bills. 

When  appointed. 

Section  1.  There  shall  be  appointed,  biennially,  a  clerk  of  the 
Common  Council,  who  shall  also  be  the  City  Clerk,  who,  before 
entering  upon  the  duties  of  such  office,  shall  take  an  oath  well 
and  faithfully  to  perform  the  same,  and  whose  duties  shall  be 
as  follows: 

Duties. 

1.  To  attend  every  meeting  of  the  Common  Council,  and  to 
enter,  in  a  plain  and  fair  hand,  at  full  length,  in  a  book  to  be 
Ijy  liim  provided,  at  the  expense  of  the  Common  Council,  for 
that  purpose,  all  the  proceedings  and  resolutions  of  said  Com- 
mon Council,  had  or  passed  at  each  meeting,  and  to  certify  the 
required  proceedings  to  the  Mayor.  The  said  book  shall  be  of 
the  same  size,  width,  and  bound  and  lettered  like  the  book  here- 
tofore used  for  that  purpose. 

2.  To  preserve  and  safely  keep,  methodically  arranged,  all 
such  books,  vouchers,  memorandums,  reports  and  papers,  the 
property  of  the  said  city  of  Albany,  or  relating  to  its  affairs, 
as  now  are  in,  or  hereafter  sliall  come  to  his  liands  and  posses- 
sion, as  Clerk  of  the  Common  Council  or  City  Clerk. 

3.  To  provide  and  keep  an  index  of  all  laws  and  resolutions 
of  the  Common  Council,  appi'oved  by  the  Mayor,  in  a  book  or 
books  to  be  by  him  provided  for  that  purpose. 


592  Ordinances  of  the 

4.  To  give  notice  in  writing  of  tlieir  appointment  to  all  per- 
sons who  may  be  appointed  to  any  office  or  duty  by  virtue  of 
any  law  or  resolution  of  the  Common  Council. 

5.  To  furnish  the  chairman  of  any  committee  to  wlioni  any 
subject  may  be  referred,  with  the  names  of  the  persons  compos- 
ing such  committee,  and  to  attend  the  meetinj;s  of  all  commit- 
tees and  keep  the  minutes  thereof,  and  have  all  laws,  resolutions 
or  papers  at  any  meeting  that  may  have  been  referred  to  any 
such  committee;  and  at  every  meeting  of  the  Common  Council 
to  furnish  the  presiding  officer  with  the  names  of  the  chairmen 
of  committees  who  have  had  subjects  referred  to  them,  on 
which  they  have  not  reported,  and  witli  tlie  subjects  so  referred. 

OflSice  hours. 

S  2.  'i'he  Clerk  siiall  attend  at  and  keep  his  oltice  epen  from 
nine  o'clock  in  the  forenoon  to  five  o'clock  in  tlie  afternoon. 

To  prepare  proceedings,  etc. 

§  3.  It  shall  also  be  the  duty  of  the  Clerk,  immediately  after 
any  meeting  of  the  Common  Council,  to  prepare  the  proceedings 
of  said  meeting,  and  to  cause  tlie  sauie,  certided  to  by  him,  to 
be  printed  for  the  use  of  the  members,  officers  and  departments 
of  the  city,  and  to  cause  an  abstract  of  the  same  to  be  published 
in  the  official  newspapers  of  the  city. 

Further  duties  of. 

§  4.  lie  shall  also  perform  such  other  duties  as  may  be  imposed 
upon  him  by  the  Common  Council. 

To  furnish  stationery. 

§  5.  The  Clerk  of  the  Common  Council  is  lierel)y  authorized  to 
purchase,  from  time  to  time,  a  reasonable  (juantity  of  stationery 
for  the  use  of  the  departments  and  officers  of  the  city,  and  to 
have  the  necessary  printing  done  for  the  heads  of  departments 
and  city  officers. 

Requisition  required. 

§  6.  No  stationery  shall  be  furnished  to  or  printing  done  for 
any  department  or  officer  of  the  city  of  Albany,  except  upon  a 
requisition  directed  to  the  Clerk  of  the  Common  Council,  contain- 
ing a  list  of  the  articles  requii'ed,  and  signed  by  the  head  of  the 
department,  or  officers  requiring  such  stationery  or  printing; 
and  when  such  stationery  or  printing  is  received,  the  officer  or 


City  of  Albany.  593 

department  making  such  requisition  shall  give  a  receipt  there- 
for, specifying  the  articles  and  quantity  received. 

To  certify  to  bills  for  stationery,  etc. 

§  7.  The  Clerk  of  the  Common  Council  shall  certify  as  to  the 
correctness  of  all  bills  for  stationery  or  printing,  before  the  bills 
therefor  are  audited,  as  well  as  the  officer  or  head  of  the  depart- 
ment to  whom  the  same  may  have  been  furnished. 


CHAPTER  10. 

Of  the  Depart7nent  of  Engineering. 
Section  1.  Chief  officer. 

2.  In  the  absence  of  City  Engineer. 

3.  Duties. 

4.  City   Engineer   to    attend    meetings    of    Couimuu 

Council. 
CMef  dticer. 

Section  1.  The  chief  officer  of  the  Department  of  Engineering 
and  Surveying  shall  the  City  Engineer,  whose  office  shall  be  in 
the  City  Hall,  and  who  shall  have  the  general  charge  and  dii-ec- 
tion  of  all  matters  intrusted  to  the  said  department. 

In  the  absence  of  City  Engineer. 

§  2.  The  Deputy  City  Engineer  shall  possess  all  the  powers  and 
discharge  all  the  duties  of  the  City  Engineer,  in  case  of  the 
absence  of  that  officer. 

Duty. 

§  3.  It  shall  be  the  duty    of  the    City    Engineer,    aided  by  his 

Deputy  and  assistants: 

1.  To  lay  out  and  regulate  the  lines  of  all  streets,  roads,  ave- 
nues, wharves,  slips  and  docks,  as  may  be  directed  by  the  Com- 
mon Council. 

2.  To  survey  and  designate  the  range  of  all  streets  for  the 
erection  of  buildings,  and  to  locate  the  buildings  in  reference 
to  streets,  when  anj-  question  shall  arise  as  to  the  location  and 
range  of  any  street,  or  location  of  buildings  in  reference  to  the 
street. 

3.  To  survey  and  make  maps  of  all  grounds  required  for  the 
opening,  widening  and  straightening  of  any  street,  road,  avenue, 

38 


594  OliDINANCKS    OF  THE 

public  square,  park  or  dock;  and  to  survey  and  lay  out  all  build- 
ings and  lots  owned  by  the  city. 

4.  To  take  and  report  the  levels  of  all  streets,  lanes  and  ave- 
nues, and  make  profiles  thereof,  when  required  by  the  Common 
Council  or  the  Committee  on  Levels;  and  to  mark  thereon  the 
elevations  above  mean  low-water  mark  in  the  Hudson  river,  and 
the  established  grade  for  such  street,  lane  or  avenue,  and  all 
bench  marks  relating  thereto. 

5.  To  survey,  take  levels,  make  maps  and  profiles  of  all  streets, 
lanes,  roads,  avenues,  docks,  drains,  sewers  and  lots  directed 
by  the  Common  Council  to  be  filled,  excavated,  paved,  curbed, 
flagged  or  constructed,  and  to  make  accurate  estimates  and 
measurements  of  such  filling,  excavating,  paving,  curbing,  flag- 
ging, or  constructions,  and  to  make  maps  showing  all  lots  bene- 
fited by  any  such  work  or  improvement,  when  done  for  the  city 
by  contract  or  otherwise;  and  to  make  estimates,  statements 
and  reports  to  the  Board  of  Contract  and  Apportionment,  or  to 
such  person  or  persons  as  shall  by  law  be  required  to  make  the 
apportionment  of  the  expense  of  improvements  ordered  by  the 
Common  Council. 

6.  To  take  levels,  give  grades,  stake  out  and  give  plans  and 
speciflcations  and  directions  for  street  and  other  work  done 
under  contract  for  the  city;  and  to  give  grade  stakes  to  the 
owner  of  any  lot  desiring  to  do  his  own  work  upon  any  street 
under  contract,  where  notice  had  been  properly  given  by  such 
owner. 

7.  To  make  any  other  surveys,  profiles,  plans  or  maps,  and 
furnish  any  information  relating  to  the  duties  and  business  of 
his  oflice,  which  may  from  time  to  time  be  required  by  the  Com- 
mon Council  or  any  committee  thereof,  or  Street  Department, 
city  officer,  board  or  commission. 

8.  He  shall  also  make  measurements  and  approximate  esti- 
mates for  all  work  to  be  done  and  materials  to  be  furnished 
under  contract  with  the  city,  and  of  all  work  performed  and 
materials  furnished,  wlienever  sucli  measurements  and  esti- 
mates shall  be  required  by  any  city  officer,  the  Board  of  Con- 
tract and  Apportionment,  the  Common  Council  or  any  committee 
thereof,  and  shall  make  to  such  officer,  board  or  committee  a 
detailed  statement  of  such  measurements  and  estimates,  and 
accompany  the  same  with  a  certificate  to  the  effect  that  such 
statement  is  in  all  respects  true  and  correct. 


City  of  Albany.  595 

9.  All  surveys,  measurements,  maps,  profiles,  diagrams  and 
plans  made  or  prepared  by  the  City  Engineer  in  the  execution  of 
the  duties  of  his  office  shall  be  and  are  hereby  declared  to  be  the 
property  of  the  city  of  Albany,  and  it  shall  be  the  duty  of  the 
City  Engineer  to  number  the  same  and  enter  such  numbers 
together  with  a  brief  statement  of  the  subject  or  contents  of  such 
survey,  measurement,  map.  profile  or  plan  in  a  book  to  be  kept 
for  that  puiijose. 

To  attend  meetings  of  Common  Council,  etc. 

§3.  It  shall  be  the  duty  of  the  City  Engineer  to  attend  all 
meetings  of  the  Common  Council,  and  the  meetings  of  all  com- 
mittees requiring  his  services,  on  receiving  the  usual  notice. 


CHAPTER  11. 

Of  Street  Improvements. 
Section  1.  Street  Commissioner  chief  officer. 

2.  Duties  of. 

3.  Street  Superintendents  to  aid,  etc. 

4.  Duty  of  Clerk  of  Board  of  Contract  and  Appor- 

tionment. 

5.  Street  Commissioner  to  direct  employes. 

6.  To  furnish  information  to  Corporation  Counsel 

7.  Duty  when  contract  is  suspended. 

8.  Bond. 

Street  Commissioner  chief  offi.cer. 

Section  1.  The  chief  officer  of  street  improvements  shall  be  the 
Street  Commissioner,  whose  office  shall  be  in  the  City  Hall,  and 
who  shall  have  the  general  charge  and  direction  of  all  matters 
intrusted  to  the  said  commissioner,  under  the  direction  of  the 
Board  of  Contract  and  Apportionment. 

Duties  of. 

§  2.  It  shall  be  the  duty  of  the  Street  Commissioner: 

To  take  charge  of  tools,  etc. 

1.  To  collect  and  take  charge  of  all  tools  and  implements,  the 
property  of  the  city,  and  used  in  erecting  public  lamps,  paving, 
repairing  or  repaving  streets;  making,  repairing  and  cleaning 
wells,     pumps,    reservoirs,    cisterns    and    drains,    or    otherwise, 


596  Ordinances  of  tee 

required  by  such  Street  Commissioner  iu  tlie  performance  of  liis 
duties;  and  to  make  a  list  of  sucli  tools  and  implements,  acknowl- 
edging the  possession  thereof,  and  file  the  said  list  with  the 
Mayor. 

To  take  charge  of  m,aterials. 

2.  To  collect  and  take  charge  of  all  paving  stones,  curb-stones 
and  other  materials  belonging  to  the  city,  and  required  by  the 
said  Street  Commissioner  in  the  performance  of  his  duty;  and  to 
report  to  the  Board  of  Contract  and  Apportionment,  without 
delay,  what  he  has  so  taken  charge  of;  and  also  to  report  to  the 
board  every  three  months,  what  stone,  or  other  materials  afore- 
said, have  been  disposed  of  by  said  Street  Commissioner  since  his 
last  report,  and  how,  to  whom,  at  what  prices  and  for  what 
purposes  the  same  were  disposed  of. 

To  examine  public  wells,  etc. 

3.  To  examine,  upon  the  first  Monday  in  every  month  (and 
oftener,  if  the  Mayor  or  Common  Council  or  Board  of  Contract 
and  Apportionment  shall  request  it),  every  public  well,  pump 
and  cistern  in  the  city;  and  when  and  as  often  as  he  sliall  receive 
Information  that  any  such  well,  pump  or  any  such  cistern,  or  any 
of  the  conduits  leading  thereto,  is  out  of  repair,  he  sliall,  in  like 
manner,  examine  such  well,  pump,  cistern  or  conduit,  and  shall 
cause  the  same,  if  necessary,  to  be  repaired  without  delay,  pro- 
vided the  expense  of  making  such  repairs  at  any  one  time  shall 
not  exceed  ten  dollars:  but  if  tlie  expense  of  such  repairs  shall 
exceed  the  sum  of  ten  dollars,  the  Street  Commissioner  shall, 
previous  to  making  the  same,  make  and  deliver  an  estimate  of  the 
repairs  he  supposes  necessary  to  be  made,  to  the  Board  of  Con- 
tract and  Apportionment,  and  have  their  direction  given  thereon. 

Times  when  to  cleanse  wells,  etc. 

4.  To  cause,  during  the  months  of  June,  July  and  August,  if 
he  shall  deem  it  necessary,  every  sucli  Avell  and  cistern  to  be 
properly  cleansed;  and,  during  the  winter  season,  whenever  the 
Ice  near  any  such  well,  pump  or  cistern  shall  be  so  increased 
as  to  render  it  of  difficult  access,  to  cause  the  ice  to  be  cut  and 
removed  therefrom;  and,  at  all  times,  under  the  direction  of  the 
Board  of  Contract  and  Appoi'tionment,  to  superintend  and  direct 
the  digging,  making,  constructing  and  fixing  all  wells,  pumps, 
cisterns  and  reservoirs;  and  said  Commissioner  shall  also  deter- 


City  of  Albany.  597 

miue  the  position  of  all  oil  or  gas  lamps  or  electric  lights  in 
said  city. 

To  superintend  the  digging,  etc.,  of  all  conduits. 

5.  To  superintend  and  direct  the  digging,  maliiug,  constructing, 
repairing  and  completing  all  the  conduits  through  which  any 
water  now  is  or  may  hereafter  be  conducted  to  any  such  well, 
cistern  or  I'eservoir,  and  the  laying  of  new  conduits  if  required, 
in  such  manner  as  the  Common  Council  or  Board  of  Contract 
and  Apportionment  shall  from  time  to  time  direct. 

Additional  duties. 

6.  To  perform  such  duties  as  are  required  of  and  imposed  upon 
him  Ijy  chapter  two  hundred  and  ninety-eight  of  the  Laws  of 
eighteen  hundred  and  eighty-three,  and  the  laws  amendatory 
thereof,  and  the  ordinances  of  the  city,  together  with  the  reso- 
lutions of  the  Common  Council. 

7.  To  obey  the  directions  of  the  Mayor  and  Board  of  Contract 
and  Ai3portioument,  in  respect  to  sucli  duties. 

To  have  charge  of  all  contract  work. 

8.  To  have  charge  of  and  control  of  all  worii  done  under  con- 
tract or  otherwise,  for  grading,  paving  and  flagging  of  streets, 
and  building  sewers  and  drains,  and  repairing  and  relaying  the 
same. 

Street  Superintendent  to  aid,  etc. 

§  3.  The  Street  Commissioner  shall  be  aided  and  assisted  in  the 
discharge  of  the  duties  of  this  depai'tment  by  the  two  Superin- 
tendents of  Streets,  and  they  shall  severally  perform  such  acts 
relating  to  said  department  as  said  Street  Commissioner  shall 
prescribe  and  require. 

Duty  of  Clerk  of  Board  of  Contract  and  Apportionment. 

§  4.  The  Clerli  of  the  Board  of  Contract  and  Apportionment, 
under  the  direction  of  the  Street  Commissioner,  shall  furnish 
proper  blanks  to  all  persons  applying  for  licenses  for  connect- 
ing any  house,  lot  or  other  premises,  by  suitable  drain  or  sewer, 
with  any  of  the  public  drains  or  sewers  of  the  city;  when  any 
such  license  shall  be  granted,  he  shall  cause  to  be  made  a  I'ecord 
containing  the  name  of  the  person,  a  description  of  the  premi- 
ises  and  location  of  the  public  drain  or  sewer,  with  the  names 


598  Ordinances  of  tee 

of  the  sureties  to  the  bond  given  by  the  person  licensed;  the 
bond  shall  be  filed  in  the  Street  Commissioner's  office. 

Street  Commissioner  to  direct  employes. 

§  5.  The  Street  Commissioner  shall  have  the  immediate 
direction  of  all  the  employes  of  his  department,  who  shall  per- 
form such  work  and  labor  as  they  may  be  directed  to  do  by 
him,  and  in  case  any  of  such  employes  disobey  or  disregard  any 
direction  of  said  Street  Commissioner,  he  may  summarily  dismiss 
the  employe  so  offending. 

To  furnish  information  to  Corporation  Counsel. 

§  6.  The  Street  Commissioner  shall  furnish  to  the  Corpora- 
tion Counsel  such  information  as  sucli  Corporation  Counsel  may 
desire  in  reference  to  proposals,  bids,  undertakings  or  contracts 
in  the  Street  Department;  and  furnish  any  information  in  writ- 
ing, and  make  investigation  and  report  in  reference  to  streets, 
drains  and  other  matters,  the  subject  of  litigation  or  examina- 
tion by  or  before  the  Law  Department. 

Duty  when  contract  suspended. 

§  7.  Whenever  a  contract  relating  to  streets,  alleys,  docks  or 
drains,  or  any  other  work,  is  suspended  by  the  Mayor  or 
rescinded  by  the  Board  of  Contract  and  Apportionment,  the 
Street  Commissioner  shall  report  in  writing,  for  record  in  the 
Law  Department,  to  the  Corporation  Counsel,  such  fact,  giving 
a  detailed  statement  of  the  condition  of  the  work,  the  amount. 
If  any,  paid  to  the  contractor,  the  value  of  work  done,  the  prob- 
able expense  of  completing  it,  and  the  reasons  why  the  contract 
was  suspended  or  rescinded. 

Bond. 

§  8.  The  Street  Commissioner  shall  execute  a  bond  in  the  penal 
sum  of  five  thousand  dollars,  wnth  two  sufficient  sureties  (to  be 
approved  by  the  Mayor  and  filed  in  his  oflice),  for  the  full  and 
faithful  performance  of  his  duties  as  such  Street  Commissioner, 
the  due  and  proper  accounting  for  all  moneys  or  property  belong- 
ing to  the  city  coming  to  his  hands,  and  compliance  with  the 
ordinances  of  the  city  and  the  resolutions  of  the  Common  Council. 


CiTT  OF  Albany.  599 

CHAPTER  12. 
Of  the  City  Marshal. 
Section  1.  Duties  o'L 

Duties  of. 
Soction  1. 

1.  To  atteud  everj'  meeting  of  tlie  Common  Council  and  act 
as  sergeant-at-arms  thereof,  and  to  give  due  notice  of  such  meet- 
ing to  the  members  tliereof ;  and,  also,  at  the  request  of  the  chair- 
man, or  a  majority  of  any  committee,  to  give  notice  to  the  mem- 
bers of  such  committee  of  the  time  and  place  of  meeting  of  such 
committee. 

2.  He  may  remove  any  person  or  persons  from,  in  or  about 
the  City  Hall,  for  noisy  or  disorderly  or  improper  conduct,  and 
for  the  purpose  of  performing  the  duties  thereof,  he  shall  have 
authoritj'  to  arrest  any  such  person  or  persons,  and  detain,  or 
cause  to  be  detained,  him  or  them  in  custody  until  discharged 
by  due  course  of  law. 

3.  To  discharge  and  perform  such  other  duties  as  may  be  pre- 
scribed by  law,  or  required  by  the  Mayor  or  Common  Council. 


CHAPTER  13. 

Of  tJie  Oterseer  of  the  Poor. 
Section  1.  Office  and  office  hours. 

2.  Bond. 

3.  Subject  to  rules  and  ordinances. 

4.  Reports. 

Office. — Offl.ce  hours. 

Section  1.  The  Overseer  of  the  Poor  shall  have  his  office  in 
the  City  Building  in  such  apartments  as  the  Committee  on  Pub- 
lic Buildings  may  designate;  and  his  office  shall  be  open  daily 
(Sundays  excepted),  from  nine  to  five  in  the  afternoon. 

Bond. 

§  2.  He  shall,  on  the  first  Tuesday  of  June  of  each  year,  make 
and  execute  a  bond  to  the  city  of  Albany  (with  sufficient  sureties), 
to  be  approved  by  the  Mayor,  and  filed  in  his  office,  in  the  penal 
sum  of  five  thousand  dollars,  conditioned  for  the  faithful  dis- 


600  Ordinances  of  tMH 

charge  of  his  duties  as  Overseer  of  the  Poor,  and  that  he  will 
pay  aud  deliver,  according  to  law  and  his  duty,  all  such  sums 
of  money  and  property  as  shall  come  to  his  hands  for  the  use 
of  the  poor. 

Subject  to  rules  and  ordinances. 

§  3.  The  office  of  said  Overseer  and  its  management  shall  be 
under  his  charge,  subject  to  the  rules,  regulations  and  ordinances 
of  the  Common  Council. 

Reports. 

§  4.  The  said  Overseer  shall  monthly,  and  oftener,  if  required 
by  the  Mayor  or  Common  Council,  make  and  file  a  just,  full  and 
true  report  and  account  of  all  moneys  and  property  coming  into 
his  hands,  and  how  expended,  together  with  such  other  matters 
as  is  provided  by  law,  and  such  other  matters  as  he  may  deem 
important  or  necessary. 


CHAPTER  14. 

Of  the  Assistant  Overseer  of  the  Poor. 

Section  1.  Duties. 
2.  Bond. 

Duties  of. 

Section  1.  It  shall  be  the  duty  of  the  Assistant  Overseer  of  the 
Poor  to  assist  the  Overseer  of  the  Poor  in  the  discharge  of  his 
duties,  and  perform  such  other  duties  and  labor  as  may  be 
required  of  him  by  the  Common  Council. 

Bond. 

§  2.  The  Assistant  Overseer  of  the  Poor  shall,  on  or  before  the 
first  Tuesday  in  June  of  each  year,  execute  a  bond,  with  sutfi- 
cient  sureties,  to  be  approved  by  the  Mayor  and  filed  in  his  office, 
in  the  sum  of  one  thousand  dollars,  for  the  faithful  performance 
of  his  duty,  tlie  proper  accounting  for  all  moneys  coming  into 
his  hands,  and  the  proper  disbursement  thei'eof. 


ClTT  OF  A  LB  ANT.  601 

•  CHAPTER  15. 

*  OJ  the  Inspector  of  Weiglds  (ind  Measures. 
Si'ctiou  1.  Duty  of  iuspector. 

2.  Salary  of  aud  reports. 

3.  ^  eights,  etc.,  to  be  stamped. 

4.  Inspector  to  prosecute. 

Duty  of  Inspector  of  Weights  and  Measures. — Fees. 

Section  1.  The  public  beam  scales,  Meiyhts,  measures  and  uten- 
sils provided  for  that  purpose,  shall  remain  in  the  custody  and 
care  of  the  Inspector  of  Weights  and  Measures,  whose  duty  it 
shall  be,  once  in  every  six  months,  aud  not  oftener,  except  hj  the 
direction  of  the  Maj'or  or  Common  Council,  to  visit  the  markets, 
stalls,  shops,  vessels,  sloops,  boats  and  other  places  where 
weights,  scales  and  steelyards  or  measures  are  kept  and  used,  and 
examine  and  inspect  the  same,  and  also  all  measures  delineated 
or  marked  upon  any  counter,  desk,  seat,  or  upon  any  fixture; 
and  in  case  any  scale,  scale-beam,  weight,  steelyard  or  measure 
be  found  not  agreeable  to  law,  or  not  of  the  established  stand- 
ard, he  shall  forthwith  cause  the  same  to  be  corrected,  and  the 
person  offending  by  having  or  using  the  same,  to  be  prosecuted; 
and  the  said  Inspector  may  ask  and  receive  for  the  use  and 
benefit  of  the  city  for  everj^  inspection  as  aforesaid,  from  the 
person  for  whom  the  same  is  performed,  fifteen  cents.  For  every 
instrument,  according  to  its  capacity  for  weighing  single 
draughts,  when  not  exceeding  thirty  pounds  capacity,  avoir- 
dupois, twenty  cents;  exceeding  thirty  pounds  and  not  exceed- 
ing two  thousand  pounds,  twenty-five  cents;  exceeding  two 
thousand  pounds  and  not  exceeding  five  thousand  pounds, 
thirty  cents;  exceeding  five  thousand  pounds,  one  dollar  and  fifty 
cents;  and  for  every  steelyard,  three  cents  over  and  above  the 
said  compensation;  and  for  the  inspection  of  measures,  he  shall 
be  entitled  for  the  use  and  benefit  of  the  city  to  tlio 
folioAving  fees,  and  no  other:  For  every  set  of  liiiiud 
measiu'es  comprising  one  gill  measure,  one-half  pint  uu^as- 
ure,  one  pint  measure,  one  quart  measure,  one-half  gallon  meas- 
ure, and  one  gallon  measure,  or  a  part  thereof,  twenty  cents; 
and  for  every  yard  measure,  or  separate  measure  of  less  than 
one  yai'd.  five  cents;  and  said  several  sums  shall  be  a  lien  on  the 
said  weights,  measures  and  steelyards,  until  the  same  are  paid; 
and    the    said    Inspector    may    sue    to    recover    said    respective 


602  Ordinances  of  tee 

amount  for  the  services  performed  under  this  law,  in  an  action 
brought  in  the  name  of  the  city  of  Albany. 

§  2.  Said  Inspector  of  Weights  and  Measures  sliall  receive  an 
annual  salary  of  $300,  payable  monthly,  and  shall  make,  under 
oath,  at  least  quarterly,  a  report  of  all  fees  and  moneys  by  him 
collected,  with  the  date,  person  from  whom  and  the  amount 
received,  and  pay  over  the  same  to  the  Chamberlain  of  the  city  of 
Albany. 

Weights,  scales  and  measiires  must  be  stamped  or  marked. 

§3.  No  weights,  scales  or  measures  (aiwthecaries'  weights 
excepted),  shall  be  used  or  kept  by  any  person  for  the  purpose 
of  buying  or  selling,  unless  the  same  are  conformable  to  law,  and 
duly  stamped  or  marked  (on  the  Inspector's  certificate  a  correct 
list  of  prices  shall  be  printed),  and  shall  have  been  duly 
Inspected  and  corrected,  if  necessary;  and  in  case  any  person 
shall  use  any  weights,  scales  or  measures  not  conformable  to 
law,  or  defraud  any  person  in  the  quantity  to  which  said  per- 
son is  entitled,  or  shall  neglect  or  refuse  to  exhibit  his  scales, 
weights  or  measures  to  the  Inspector,  when  required,  or  shall 
use  any  weights,  scales  or  measures  not  duly  inspected,  or 
knowingly  use  any  weights,  scales  or  measures  not  of  the  estab- 
lished standard  of  quantity  or  weight,  shall  incur  a  penalty  of 
the  sum  of  five  dollars  for  each  offense,  and  the  further  sum  of 
five  dollars  for  each  day's  continuance  of  the  use  of  any  scales, 
weights  or  measures  not  conformable  to  law. 

Inspector  to  prosecute. 

§  4.  It  is  hereby  made  the  duty  of  the  Inspector  of  Weights  and 
Measures  to  prosecute  any  violation  of  any  of  the  provisions  of 
this  ordinance,  whether  the  same  came  under  his  personal  obser- 
vation or  are  reported  to  him. 


CHAPTER  16. 

Of  the  City  Fhysidan. 
Section  1.  Major  surgical  operation. 

2.  To  keep  book  of  purchases. 

3.  To  act  with  Board  of  Health. 

Major  surgical  operation. 

Section  1.  Whenever  a  major  surgical  operation  is  to  be  per- 
formed in  the  alms-house  or  hospital,   it  sliall  be  the  duty  of 


City  of  Albany.  603 

the  City  Physician  to  call  one  or  more  surgeons  to  his  assistance, 
and  no  fee  shall  be  allowed  or  paid  therefor. 

To  keep  book  of  purchases. 

S  2.  He  shall  keep  a  book  of  all  articles  received  or  purchased 
by  him,  and  shall  duly  account  to  the  Mayor  whenever  required 
for  the  same;  and  shall  report  in  writing,  on  the  first  day  of  every 
month,  to  the  Mayor,  a  complete  list  of  all  articles  ijurchased 
for  the  alms-house,  together  with  the  price  and  the  person  from 
whom  purchased. 

To  act  with.  Board  of  Health. 

S  3.  It  shall  be  the  duty  of  the  said  City  Physician  to  act  with 
the  Board  of  Health  of  said  city,  whenever  required,  without 
extra  additional  compensation. 


CHAPTER  17. 

Of  the  District  rhysicians. 
Section  1.  Number  and  term  of  office. 

2.  Salary. 

3.  Duties. 

Number  and  term  of  office. — Districts. 

Section  1.  There  shall  bo  appointed  by  the  Mayor,  biennially, 
six  physicians  residents  of  the  city  of  Albany,  who  shall  be  the 
District  Physicians  thereof,  and  such  physicians  so  appointed 
shall,  in  a  conspicuous  place  on  the  main  door  of  his  office,  have 
a  sign  with  the  words  "  District  Physician  "  thereon.  The  dis- 
tricts shall  be  divided  as  follows: 

The  first  district  shall  comprise  the  First,  Second  and  so  much 
of  the  Fifth  Avard  as  is  comprised  within  the  First  police 
precinct. 

The  second  district  shall  comprise  the  Third,  and  so  much  of 
the  Fourth  ward  as  is  comprised  withiu  the  First  police  precinct. 

The  third  district  shall  comprise  the  Second  Police  Precinct. 

The  fourth  district  shall  comprise  the  Third  Police  Precinct. 

The  fifth  district  shall  comprise  the  Fourth  Police  Precinct. 

The  sixth  district  shall  comprise  the  Fifth  Police  Precinct. 

Salary. 

§  2.  The  said  District  Physicians  shall  receive  a  salary  of  four 
hundred  dollars  per  annum,  to  be  paid  monthly  hy  the  Chamber- 


604  Ordinances  of  the 

lain,  and  no  allowance  or  money  shall  be  paid  or  allowed  any 
of  said  plij^sicians  for  money  expended  or  medicines  furnished 
by  tliem  in  the  performance  of  their  duties. 

Duties  of. 

§  3.  The  duties  of  said  District  Physicians  shall  be  as  follows, 
together  with  such  others  as  may  from  time  to  time  be  imposed 
upon  or  required  from  them  by  the  Common  Council  or  Board  of 
Health  of  said  city: 

1.  To  visit,  prescribe  for  and  administer  medicine  to  all  such 
indigent  persons  in  their  respective  districts  as  may  at  any  time 
request  their  professional  aid,  and  keep  a  record  of  the  visits 
made,  and  report  the  same  monthly  to  the  Board  of  Health:  Pro- 
vided, that  if  any  of  the  said  District  Physicians  shall  be  satis- 
fied that  any  person  claiming  his  services  has  sufficient  ability 
to  procure  such  medical  aid  at  his  or  her  own  expense,  such 
physician  may,  after  the  first  visit,  with  tlie  consent  of  the  Mayor 
or  the  Overseer  of  the  Poor,  be  relieved  from  attendance  upon 
such  person. 

2.  To  report  all  offenses  against  those  parts  of  the  laws  of  the 
Common  Council  or  Board  of  Health,  which  are  intended  to  guai'd 
against  the  introduction  of  the  small-pox,  and  all  offenses  against 
any  or  either  of  the  sanitary  ordinances  of  the  city;  and,  as  far 
as  possible,  by  their  practice  and  advice,  to  recommend  the  vac- 
cine and  Icine-pox  inoculation. 

3.  To  give  the  earliest  information  in  their  power  to  the  Board 
of  Health  of  said  city  as  to  the  prevalence  or  breaking  out  of  any 
malignant  disease  in  the  city,  or  in  any  city,  town  or  place  con- 
nected herewith,  by  commerce  or  otherwise,  and  to  recommend 
such  measures  as  they  may  deem  expedient  in  the  premises. 

4.  To  note  the  name  of  every  magistrate  by  whose  direction 
any  sick  person  in  this  city  shall  be  placed  under  their  care,  and 
whether  such  persons  are  citizens  or  aliens,  and  their  place  of 
residence,  and  whether  they  are  legally  chargeable  to  the  city, 
and  how  long  they  have  remained  therein,  and  the  places  from 
whence  they  last  came. 

5.  To  report  to  the  Mayor  and  the  Board  of  Health  quarterly 
the  number  of  poor  persons  they  have  attended  during  the  last 
preceding  quarter,  their  diseases  and  the  termination  thereof. 

6.  To  attend  the  meetings  of  the  Common  Council  and  Board 
of  Health,  when  requested,  and  give  such  information  as  may  be 
required  from  them,  connected  with  the  duties  of  their  oflice. 


City  of  Albany.  605 

7.  To   report   to   the   Overseer  of  the   Poor  such   information 
relative  to  the  poor  as  thej-  maj'  deem  important. 


CHAPTER  18. 

Of  the  Janitor  of  the    City   Buildinr/. 
Section  1.  Removal  of  city  property. 
2.  Inventor}'. 

Not  to  remove  any  city  property. 

Section  1.  He  shall  not  remove  from  said  building  anything 
w-hich  may  have  been  purchased  by  or  belongs  to  said  city,  and 
at  the  termination  of  his  term  of  office  shall  transmit  everything 
in  and  about  said  building  belonging  to  said  city  to  his  successor. 

Inventory. 

§  2.  He  shall  aLso.  annually,  on  the  fii-st  day  of  Jime,  make  an 
inventorj'  of  all  the  furniture  and  other  property  in  and  about 
said  building  belonging  to  said  city,  and  file  the  same  in  the 
Maj'or's  office. 


CHAPTER  19. 

Of  the  Commissioner  of  Deeds. 
Section  1.  Expiration  of  term. 

2.  Term. 

3.  Eligibility. 

4.  Application. 

5.  Clerk  Common  Council  to  notify. 

6.  Clerk  to  keep  record  of  appointments,  etc. 

Expiration  of  term. 

Section  1.  The  terms  of  office  of  all  Commissioners  of  Deeds, 
heretofore  appointed,  shall  exi)ire  on  the  tenth  day  of  January, 
eighteen  hundred  and  ninety-seven. 

Term. 

§  2.  All  persons  appointed  Commissioners  of  Deeds  shall  hold 
office  until  the  tenth  day  of  January  biennially  thereafter. 

Eligibility. 

§  3.  No  person  shall  be  appointed  Commissioner  of  Deeds  who 
is  not  twenty-one  years  of  age  and  an  actual  resident  of  the 
city. 


606  Ordinances  of  the 

Application. 

§  4.  No  person  shall  be  appointed  a  Commissioner  of  Deeds 
unless  he  files  in  the  office  of  the  Mayor  an  application  stating: 

1.  His  full  name. 

2.  His  residence. 

3.  The  character  of  and  his  place  of  business. 

4.  That  he  resides  in  the  city  of  Albany. 

5.  That  he  is  over  twenty-one  years  of  age. 

6.  That  he  possesses  the  necessary  qualifications  to  discharge 
the  duties  of  the  office,  to  be  shown  by  the  certificate  of  some 
competent  person  having  linowledge  of  the  duties  to  be  performed 
by  such  commissioner. 

The  Clerk  of  the  Common  Council,  under  the  direction  of  the 
Corporation  Counsel,  sliall  prepare  and  shall  at  all  times  during 
his  office  hours  furnish  printed  applications  under  this  section. 

Clerk  Coramon  Council  to  notify,  etc. 

§  5.  The  Clerk  of  the  Common  Council  shall  notify  all  persons 
appointed  pursuant  hereto  of  their  appointment;  and  a  failure  to 
qualify,  as  prescribed  by  law,  within  ten  days  after  such  notice 
is  given,  shall  be  deemed  a  refusal  to  accept  the  office,  and  the 
same  shall  be  deemed  vacant. 

To  keep  record  of  appointments. 

§  6.  The  Clerk  of  the  Common  Council  shall  keep  a  record  of 
all  persons  appointed,  with  date  of  appointment,  time  of  qualifi- 
cation and  place  of  residence. 


CHAPTER  20. 

Of  the  Bonds  of  City  Officers. 
Section  1.  Every  officer  of  the  city  of  Albany,  who  shall  be 
intrusted  Avith  the  receipt  or  expenditure  of  money,  or  any  other 
property  of  the  city  of  Albany,  except  in  such  cases  where  specific 
provision  is  now  made  by  ordinance  or  otheinvise,  shall,  before 
entering  upon  the  discharge  of  the  duties  of  his  office,  and  bien- 
nially thereafter,  on  or  before  the  first  Monday  in  January  exe- 
cute a  bond  in  the  penal  sum  of  one  thousand  dollars,  with  suffi- 
cient sureties,  to  be  approved  by  the  Mayor,  conditioned  for  the 
faithful  dischai'ge  of  the  duties  of  said  office,  and  the  accounting 
of  all  moneys  or  property  which  come  into  his  possession  or 
control  by  virtue  of  such  office.  Such  bond  shall,  after  its 
approval,  be  filed  in  the  Mayor's  office. 


City  of  Albany.  (JO? 


OF  c rr Y   PROPER  r  y. 


CHAPTER  21. 

Of  tJie  Alms-house. 
Section  1.  Definition  of  word  "  alms-liouse." 

2.  Superintendent  to  tiave  eliarge 

3.  Bond. 

4.  To  report  to  Common  Council. 

5.  Monthly  pass-book. 

6.  Purchase  of  drugs,  etc. 

7.  Hospital  for  contagious  diseases. 

8.  Distribution  of  paupers. 

9.  Discipline. 

10.  Employment  of  paupers. 

11.  To  remain  within  grounds. 

12.  Children. 

13.  Nurses  and  schools. 

14.  Indentures. 

15.  Care  of  indentured  children. 

16.  Clothing. 

17.  Duty  of  Superintendent. 

18.  Garden. 

19.  Gardeners. 

20.  Injuries  by  paupers. 

21.  Attendants,  duty  of. 

22.  Liquors. 

23.  Penalty. 

24.  Visitors. 

25.  Fires  and  lights. 

26.  Cooking. 

27.  Religious  worship. 

28.  No  one  to  purchase  from  paupers. 

29.  Rules,  etc.,  to  be  read. 

30.  Hospital. 

31.  City  Physician  to  control  Medical  Department. 


608  Ordinances  of  the 

Section  32.  Trespassers. 

33.  Booths 

34.  Arrest. 

35.  Penalty. 

36.  No  goods  to  be  removed. 

37.  Pi'oducts  of  farm. 

38.  Dead  bodies. 

39.  Inventoiy. 

Definition  of  word  "  alms-house." 

Section  1.  The  word  "  alms-house  "  in  any  law,  ordinance  or 
otlier  action  of  tlie  Common  Council  shall  be  construed  so  as  to 
include  the  hospital  for  infectious  diseases,  and  all  other  per- 
manent or  temporary  buildings  which  may  be  erected  for  the 
sick  or  indigent  on  the  i^remises  known  as  the  alms-liouse  fariu. 

Supei'intendent  to  have  charge. — Power  to  make  rules. 

§  2.  The  Superintendent  of  the  Alms-house  shall  have  the 
charge,  supervision  and  direction  of  the  alms-house  and  of  the 
farm  and  appurtenances  thereto  belonging  and  appertaining 
and  of  the  officers  and  employes  thereof.  He  shall  have  the 
power,  with  the  approval  of  the  Common  Council,  to  make  rules 
and  regulations  for  the  government  of  the  alms-house,  its  officers, 
employes  and  inmates  not  inconsistent  with  the  ordinances  and 
resolutions  of  the  Common  Council. 

Bond. 

§  3.  Before  entering  upon  the  discharge  of  his  duties,  the  said 
Superintendent  shall  execute  a  good  and  sufficient  bond,  in  the 
sum  of  five  tliousand  dollars,  witli  sufficient  sureties,  to  be 
approved  by  the  Mayor  and  filed  in  liis  office,  for  the  faithful 
discharge  of  his  duties,  and  the  due  accounting  for  all  moneys, 
articles  and  property  coming  into  his  hands  or  control. 

To  report  to  Common  Council. 

§  4.  It  shall  be  the  duty  of  the  Superintendent  of  the  Alms- 
house to  make  a  quarterly  statement  to  the  Common  Council, 
showing,  in  tabulated  form,  the  age,  sex,  nationality  and  number 
of  paupers,  insane  and  sick,  in  the  alms-house  each  day  of  the 
month,  the  total  number  of  weeks'  board  and  lodging  furnished 
in  the  alms-house,  alms-house  asylum  and  alms-house  hospital 
respectively,  and  the  cost  per  day  of  maintaining  each  pauper, 


City  of  Albany.  609 

patient  and  insane  person  in  tlie  alms-house.  The  quantity  and 
quality  of  each  kind  of  food  and  provisions  used  in  the  alms- 
house, and  the  price  therefor,  and  the  persons  or  firms  from 
whom  the  several  articles  were  purchased.  The  kind  and 
amount  of  repairs  made,  and  by  whom  the  same  were  made, 
and  the  cost  thereof.  The  amount  raised  on  and  received  from 
the  poor-house  farm,  and  the  disposition  thereof.  The  number 
of  persons  employed,  their  occupation  and  the  salary,  wages  or 
compensation  paid  to  each,  together  with  such  other  matters, 
as  may  be  deemed  proper  or  may  be  required  by  the  Mayor  or 
Common  Council. 

Monthly  pass-book. 

§  5.  The  Superintendent  and  the  City  Physician  shall  procure 
a  monthly  pass-book,  in  which  he  shall  cause  to  be  entered  at 
the  time  of  purcliase.  by  the  person  of  whom  he  purchases  or 
procures  any  article  or  thing,  for  the  use  or  on  account  of  the 
alms-house,  the  name  of  the  person  or  firm  from  whom  pur- 
chased or  procured,  together  with  the  article,  quantity  and  price; 
which  pass-book  shall,  at  the  end  of  every  month,  be  returned 
to  and  filed  in  the  Mayor's  office. 

Purchase  of  drugs,  etc. 

§  6.  Whenever  the  City  Physician  shall  require  any  stores, 
drugs,  medicines  or  articles,  he  shall  have  power  to  purchase 

them  under  direction  of  the  Superintendent  of  the  Alms-liouse. 

General  Regulations. 
Hospital  for  contagious  diseases. 

§  7.  All  persons  having  any  infectious  or  contagious  diseases, 
shall  be  admitted  into,  and  kept  in  the  ho.spital  for  such  dis- 
eases; and  if  any  person  who  shall  have  been  admitted  to  any 
other  part  of  said  alms-house  shall  be  found  to  be  infected  with 
any  such  disease,  the  Superintendent  shall,  under  the  direction 
of  the  City  Physician,  immediately  cause  the  removal  of  such 
infected  person  to  the  hospital. 

Distribution  of  paupers. 

§8.  The  paupers  shall  be  distributed  into  different  rooms; 
except  when  female  nurses  shall  be  necessary  for  the  care  of 
the  sick,  persons  of  different  sexes  shall  be  kept  in  separate 

39 


QIQ  Ordinances  of  the 

rooms;  married  persons  shall,  as  far  as  practicable,  reside  by 
themselves;  and  children  shall  be  kept,  as  far  as  possible,  from 
intercourse  with  the  paupers;  wlienever  a  child  shall  have 
attained  the  age  of  two  years  it  shall  be  placed  in  the  children's 
department. 

Discipline. 

§  9.  No  profane  or  indecent  conversation,  quarreling  or 
drunkenness,  no  disorderly  conduct  at  meals,  and  no  conduct  of 
a  criminal  or  immoral  character  of  any  kind  shall  be  allowed  in 
or  about  the  alms-house;  and  if  any  person  shall  offend  in  the 
premises,  the  offender,  if  an  attendant,  may  be  dismissed  from 
his  employment  in  the  alms-house;  and  if  a  pauper,  he  shall  be 
publicly  admonished  before  his  fellows;  and  he  may  also  be 
separately  confined  in  a  room  to  be  set  apart  for  that  pui-pose, 
and  there  kept  on  bread  and  water,  and  at  hard  labor,  for  a 
length  of  time  not  exceeding  three  days. 

Employment  of  paupers. 

§  10.  All  paupers  in  the  alms-house  who  are  able  to  work  shall 
be  kept  employed  without  compensation  at  such  work  as  tliey 
may  severally  be  capable  of  performing;  and  the  Superintendent 
may  encourage  the  industrious  by  small  gratuities  in  clothing,  or 
other  articles  conducive  to  comfort,  and  of  the  profits  of  their 
work. 

To  remain  within  grounds. 

§  11.  No  pauper  shall  be  allowed  to  go  beyond  the  yard  of  the 
alms-house  without  leave,  in  writing,  from  the  Superintendent, 
specifying  how  long  such  leave  is  to  endure. 

Children. 

§  12.  The  children  of  the  alms-house  shall  be  allowed  such 
sports  and  pastimes  as  may  contribute  to  their  health,  but 
always  in  presence  of  some  sober  and  discreet  person,  to  be 
designated  by  the  Superintendent. 

Nurses  and  schools. 

§  13.  Healthful  and  careful  nurses  shall  be  provided  for  such 
children  in  the  alms-house  as  may  require  them;  and  such  chil- 
dren belonging  to  the  alms-house,  as  are  of  suitable  age,  shall 
ligularly  attend  the  school  to  be  established  for  their  instruc- 


City  of  Albany.  611 

tioii,  iiiid  shall  be  instructed  iu  reading,  writing  aud  arithmetic; 
and  the  girls  shall,  iu  addition  thereto,  be  taught  plain  needle- 
work and  knitting. 

Indentures. 

§  14.  When  any  of  the  children  arrive  at  a  proper  age  tliey 
shall  be  bound  out  to  suitable  trades  or  occupations,  aud  pro- 
vision shall  be  made  in  their  indentures  for  their  due  mainte- 
nance aud  instruction. 

Care  of  indentured  children. 

§  15.  If  any  of  the  children,  who  shall  be  so  bound  out.  shall 
be  injured  or  ill  treated  by  their  master,  it  shall  be  the  duty  of 
the  Superintendent,  by  all  lawful  means  in  his  power,  to 
endeavor  to  procure  them  i-edress;  and  whenever  any  children 
are  bound  to  persons  out  of  the  citj-  of  Albany,  it  shall  be  the 
duty  of  said  Superintendent,  once  in  six  months,  to  request,  by 
letter,  of  the  Supervisor  or  Town  Clerk  of  the  town  in  which  such 
person  shall  reside,  information  respecting  such  child  and  its 
treatment  by  its  master  or  mistress. 

Clothing. 

§  16.  Each  pauper  shall  be  provided  with  decent  and  suital)le 
elotliing,  to  be  made  as  nearly  tiniform  as  maj'  be,  aud  shall  have 
a  change  of  linen  at  least  twice  every  week  during  the  year; 
and  the  linen  of  the  paupers  shall  be  numbered  and  distributed 
among  them,  and  carefully  kept  whole  and  clean. 

Duty  of  Superintendent. 

§  17.  It  shall  be  the  duty  of  the  Superintendent  to  see  that  the 
alms-house,  and  everything  appertaining  thereto,  be  kept  clean 
and  in  order;  that  careful  attention  be  paid  to  the  ventilation 
and  airiug  of  the  rooms,  beds,  clothing,  etc.;  to  distribute 
throughout  the  alms-house  such  fuel  as  may  be  required;  and 
to  have  the  meals  served  at  stated  hours,  in  a  clean  and  decent 
manner,  and  the  diet  wholesome,  suitable  aud  nutritious;  and 
it  shall  be  the  special  duty  of  the  Superintendent  to  see  that  the 
provisions  of  this  section  are  fully  and  carefully  observed. 

Garden. 

§  18.  Such  a  portion  of  the  fanu  as  the  Superintendent  shall 
direct  shall  be  set  apart  and  cultivated  as  a  garden  for  raising 
vegetables  for  the  supply  of  the  alms-house,  and  also  for  market. 


f)12  Ordinances  of  the 

Gardener. 

§  19.  A  suitable  and  proper  person  may  from  time  to  time  be 
hired,  under  the  direction  of  the  Superintendent,  to  take  the 
charge  and  management  of  said  garden;  he  shall  see  that  the 
paupers  labor  in  it  at  all  proper  times,  according  to  their  ability; 
prepare  for  market  such  of  the  vegetables  as  shall  not  be 
required  for  the  use  of  the  house,  and  shall  sell  the  same,  and 
render  a  daily  account  of  such  sales  to  the  said  Superintendent. 

Injuries  by  paupers. 

§  20.  If  any  pauper  in  the  alms-house  shall  do  any  injury  to 
the  buildings  or  appurtenances,  or  shall  commit  any  willful 
waste  or  destruction  of  fuel,  provisions,  clothing,  or  other  articles 
intrusted  to  him,  or  belonging  to  the  alms-house,  he  shall  be 
liable  therefor  to  the  punishment  for  paupers  mentioned  in  sec- 
tion nine  of  this  ordinance. 

Attendants,  duty  of. 

§  21.  The  attendants  in  the  alms-house  shall  not  commit,  or 
suffer  any  other  person  to  commit,  any  waste  or  destruction  of 
the  buildings,  or  of  any  article  or  tiling  committed  to  their 
care;  and  they  shall  without  delay  report  the  name  of  every 
offender  in  the  premises,  and  the  nature  of  his  offense,  to  the 
said  Superintendent. 

Liquors. 

§  22.  No  kind  of  spirituous  liquoi's  shall  be  introduced  or 
admitted  into  the  alms-house,  unless  pursuant  to  the  prescription 
of  the  attending  physician;  and  if  any  pauper  shall  offend  in 
this  particular,  or  shall  be  intoxicated,  he  shall  for  every  such 
offense  be  punished  in  any  of  the  ways  above  prescribed  for  the 
punishment  of  paupers. 

Penalty. 

§  23.  Any  person  who  shall  convey  or  receive  any  spirituous 
liquors  into  the  alms-house,  or  its  yard,  contrary  to  the  pro- 
visions of  the  last  section,  or  shall  knowingly  furnish  any  pauper 
with  the  same,  shall  incur  a  penalty  of  five  dollars  for  each 
offense. 

Visitors. 

§  24.  All  decent  and  Avell-behaved  persons  may,  except  on  Sun- 
days,   visit    the    alms-house    at    such    seasonable    hours    and 


CiTT  OF  Albany.  613 

under  such  regulations  as  the  Alms-house  Superintendent  shall 
prescribe. 

Fires  and  lights. 

§  25.  At  the  hour  of  nine  in  the  evening,  throughout  the  year, 
the  fires  and  lights  within  the  alms-house  shall  be  extinguished, 
except  in  the  hospital,  and  where  the  Superintendent  or  City 
Physician  shall,  for  proper  cause,  direct  otherwise. 

Cooking. 

§  26.  Xo  cooking  shall  be  allowed  in  any  of  the  pauper's  rooms, 
except  in  case  of  sickness,  when  it  may  be  allowed  in  the  dis- 
cretion of  the  Superintendent  or  City  Physician. 

Heligious  worship. 

§  27.  The  inmates  of  the  alms-house  shall,  under  the  direction 
of  the  Superintendent,  assemble  for  religious  worship  in  the 
chapel  every  Sabbath,  at  the  hours  of  ten  A.  M.  and  two  P.  M., 
at  the  ringing  of  the  bell;  and  some  person  or  persons,  appointed 
by  the  Alms-house  Superintendent,  shall  read  suitable  forms  of 
prayer,  approved  sermons,  and  portions  of  Scripture  at  such 
meetings. 

No  one  to  purchase  from  paupers. 

§  28.  No  person  shall,  by  purchase,  gift  or  otherwise,  receive 
of  or  from  any  pauper,  any  article  of  clothing  or  other  property 
furnished  to  or  received  by  a  pauper  from  the  said  alms-house, 
under  the  penalty  of  five  dollars  for  each  offense. 

Rules,  etc.,  to  be  read. 

§  29.  The  foregoing  rules  and  regulations,  and  such  as  may 
hereafter  be  added,  shall  be  publicly  read  to  the  attendants  and 
paupers  in  the  alms-house  on  the  first  Monday  in  each  month,  at 
the  hour  of  nine  o'clock  A.  M. 

Hospital. 

§  30.  The  hospital  for  infectious  diseases  shall  be  under  the 
direction,  charge  and  management  of  said  Superintendent  in  all 
respects,  except  as  to  the  medical  treatment  of  the  patients 
therein,  and  such  matters  as  are  therewith  connected. 

City  Physician  to  control  Medical  Department. 

§  31.  The  City  Physician,  and  such  other  medical  officers  as 
may  be  appointed  by  the  city,  shall  have  the  control  and  manage- 


6l4  Ordinances  of  thu 

ment  of  the  medical  department  of  said  hospital,  under  such  rules 
and  regulations  as  may  be  prescribed. 

Trespassers. 

§  32.  All  persons  are  hereby  pi'ohibited  from  trespassing  or  in 
any  way  intruding  upon  the  farm  known  as  tlie  alms-house 
farm,  unless  with  the  permission  of  the  Superintendent  of  the 
Alms-house. 

Booths. 

§  33.  It  shall  be  unlawful  for  any  person  to  erect  any  booth  or 
any  stand  upon  said  alms-house  farm,  or  vend,  or  sell  or  dispose 
of  any  merchandise  or  spirituous  liquors,  fruits  or  other  com- 
modities, within  the  precincts  of  such  farm;  and  the  said  Super- 
intendent is  hereby  authorized  to  remove  any  such  booth  or 
stand  put  up  in  violation  of  this  ordinance. 

Arrest. 

§  34.  It  is  hereby  made  the  duty  of  the  police  to  apprehend  and 
take  into  custody  auy  person  or  persons  offending  against  the 
provisions  of  the  two  last  sections. 

Penalty. 

§  35.  Any  person  violating  the  said  sections  of  this  ordinance 
shall  incur  a  penalty  of  not  less  than  five  nor  more  than  twenty- 
five  dollars  for  each  offense. 

No  goods  to  be  removed. 

§  36.  It  shall  not  be  lawful  nt  any  time  for  any  officer  or 
employe  of  said  alms-house,  or  auy  person,  to  remove  from  said 
alms-house  any  article  of  goods,  merchandise,  furniture,  medi- 
cines, apparatus,  or  any  other  thing  which  is  the  property 
of  or  may  have  been  purchased  by  said  city,  or  its  officers  or 
employes,  or  with  its  money,  except  under  the  direction  of  the 
Superintendent. 

Products  of  farm. 

S  37.  It  shall  not  be  lawful  for  the  Superintendent  or  agent,  or 
any  person  connected  with  the  alms-house,  to  sell  or  give  away 
any  of  the  products  of  the  farm  or  garden  attached  to  the  said 
alms-liouse. 


City  OF  Albany.  6i5 

Dead  bodies. 

§  38.  No  otflcer,  employe,  or  person  employed  in  or  about  said 
alms-house,  shall  sell  any  unclaimed  dead  body,  other  than  pro- 
vided by  statute,  to  any  person  or  persons  residing  outside  of 
the  city  of  Albany. 

Inventory. 

§  39.  The  Superintendent  shall  annually,  on  the  first  Tuesday 
in  June,  file  in  the  oflice  of  the  Mayor  a  complete  and  accurate 
inventory  of  all  articles,  goods,  merchandise  and  property  on 
liand  belonging  or  pertaining  to  said  alms-house. 


CHAPTER  22. 

Of  the  City  BuikUng. 

Section  1.  Name  of. 

2.  Loungers  not  permitted. 

3.  Unnecessary  noises,  etc. 

4.  Penalty  for  violation. 

Name  of. 

Section  1.  The  building  erected  upon  the  site  of  the  center 
market  shall  be  known  as  "  the  City  Building." 

Loungers  not  permitted. 

§  2.  It  shall  not  be  lawful  for  any  person  to  Idly  sit,  lounge,  or 
stand  upon  any  stoop  connected  with  said  building,  nor  In  or 
upon  any  entrance,  hallway  or  stairway  In  said  building. 

Unnecessary  noise,  etc. 

§  3.  It  shall  not  be  lawful  for  any  person  to  create,  cause  or 
make  any  unnecessary  noise  or  disturbance  In  any  entrance, 
hallway  or  stairway  connected  with  said  building,  nor  write 
upon,  daub,  cut,  break,  deface  or  In  any  manner  injure  any  part 
of  said  building. 

Penalty  for  violation. 

§  4.  Any  person  offending  against  any  of  the  provisions  of  sec- 
tions two  and  three  of  this  chapter,  shall  incur  a  penalty  of  not 
loss  than  five  dollai's  nor  more  than  twenty-five  dollars  for  each 
and  every  offenseu 


616  Ordinances  of  the 

CHAPTER  23. 

Of  the  City  Hall. 
Section  1.  Name  of. 

2.  Loungers  not  permitted. 

3.  Unnecessary  noises,  etc. 

4.  Penalty  for  violation. 
Name  of. 

Section  1.  The  building  erected  upon  the  east  side  of  Eagle 
street,  between  Maiden  lane  and  Pine  street,  shall  be  known  aa 
the  "  City  Hall." 

Loungers  not  permitted. 

§  2.  It  shall  not  be  lawful  for  any  person  to  idly  lounge  or 
stand  upon  any  stoop  connected  with  said  building,  nor  in  or 
upon  any  entrance,  hallway  or  stairway  in  said  building. 

Unnecessary  noise,  etc. 

§  3.  It  shall  not  be  lawful  for  any  person  to  create,  cause  or 
make  any  unnecessaiy  noise  or  disturbance  in  any  entrance,  hall- 
way or  stairway  connected  with  said  building,  nor  write  upon, 
daub,  cut,  break,  deface  or  in  any  manner  injure  any  part  of 
said  building,  or  fences,  grounds  or  fixtures  connected  therewith. 

Penalty  for  violation. 

§  4.  Any  person  offending  against  any  of  the  provisions  of  sec- 
tions two  and  three  of  this  chapter  shall  incur  a  penalty  of  not 
less  than  five  dollars  nor  more  than  twenty-five  dollars  for  each 
and  every  offense. 


CHAPTER  24. 
Of  Public  G^vunds  and  Parks. 
Section  1.  Description  and  names  of  public  parks. 

2.  Mutilating  gates,  fences,  etc. 

3.  Cattle  not  permitted  in  parks. 

4.  Bleaching  linen. 

5.  Penalty. 

Description  and  names  of  public  parks. 

Section  1.  The  public  ground  and  inclosure  In  front  of  the 
Academy  on  Park  place,  Elk  and  Eagle  streets,  and  Washington 
avenue,  shall  be  known  and  designated  as  "Academy  Park;" 


City  of  Albany.  617 

the  public  ground  west  of  North  Pearl  street  and  south  of 
Clinton  avenue,  shall  be  known  and  designated  as  "  Clinton 
Park;  "  the  public  ground  between  Eagle,  State,  Swan  streets 
and  Washington  avenue,  shall  be  known  and  designated  as 
"Capitol  Park;"  and  the  public  ground  aud  inclosure  below  the 
junction  of  Central  avenue  aud  Western  avenue,  shall  be  known 
aud  designated  as  "  ToM'nsend  Park;"  the  public  ground  on  the 
south  side  of  Hudson  avenue,  at  the  intersection  of  Liberty  and 
Union  streets,  shall  be  known  and  distinguished  as  "  Hudson 
Avenue  Park;  "  the  public  ground  in  Madison  avenue,  east  of 
Eagle  street,  shall  be  known  and  designated  as  "  Bleecker 
Park; "  and  the  public  ground  between  Washington  avenue. 
Ontario,  State  and  Partridge  streets,  shall  be  known  as  the 
"  Beaverwyck  Park;  "  and  the  public  ground  west  of  Ten  Broeck 
street,  north  of  Second  street,  shall  be  known  as  "  Van  Rensse- 
laer Park;"  aud  the  public  ground  west  of  Ten  Broeck  street, 
and  north  of  First  street,  shall  be  known  as  "  St.  Joseph's  Park." 

Mutilating  gates,  etc. 

§  2.  No  person  shall  cut  down,  destroy  or  willfully  break,  muti- 
late or  Injure,  or  aid  and  assist  in  breaking,  mutilating  or  injur- 
ing any  gate,  fence  or  fences,  or  deface  or  injure  any  of  the 
grounds,  or  injure  any  of  the  trees,  shrubbery  or  fixtures  now  or 
hereafter  erected,  made,  planted,  set  out,  or  being  in  or  upon  any 
of  the  streets,  places,  parks  or  public  squares  or  inclosures  of 
this  city,  or  do  any  willful  damage  thereto,  under  the  penalty 
of  ten  dollars  for  every  such  offense;  and  the  offender  shall 
besides  be  prosecuted  for  damages  for  every  such  misconduct. 

Cattle  not  permitted  in  parks. 

§  3.  No  person  shall  permit  any  horse,  cow,  hog  or  cattle  to 
enter  any  public  park  or  public  inclosure,  nor  shall  drive  or  per- 
mit, or  in  any  manner  assist  in  driving  anj-  horse,  cow,  hog  or 
cattle  into  the  said  parks,  places  or  public  inclosures;  nor  shall 
the  owner  of  any  horse,  cow,  hog  or  cattle  knowingly  suffer  or 
permit  the  same  to  remain  in  the  said  parks,  places  or  public 
inclosures,  under  a  penalty  of  not  less  than  one  nor  more  than 
ten  dollars;  and  it  is  hereby  lawful  for  any  person  to  drive  such 
animals  so  found  within  such  parks,  places  or  public  inclosures 
to  the  public  pound;  aud  it  is  hereby  made  the  duty  of  the 
keeper  of  said  pound  to  detain  the  same  until  all  charges  and 
expenses  incurred  shall  have  been  duly  paid. 


618  Ordinances  of  the 

Not  to  be  used  for  bleaching  grounds,  etc. 

§  4.  No  person  shall  use  any  of  the  said  parks,  places  or  squares 
as  a  bleaching  ground,  nor  spread  thereupon  any  article  of  wear- 
ing apparel,  cloth  or  cloths,  or  any  goods  whatever,  nor  hang 
any  clothing  or  other  article  upon  any  of  the  fences  surrounding 
the  same,  nor  shake,  beat  or  cleanse  any  carpets,  floor  cloths  or 
mats,  in  any  of  the  said  parks,  places  or  public  inclosures;  nor 
sliall  any  person  tie  or  fasten  any  horse  or  horses  to  the  fences 
sui'rounding  the  same,  under  the  penalty  of  two  dollars  for  each 
offense,  against  any  provision  of  this  section. 

Penalty  for  injxiring  grass. 

§  5.  No  person  shall  cut,  tread  down,  pull  up,  trample  upon  or 
injure  the  grass  growing  in  either  of  the  public  parks,  places, 
inclosures  or  squares  within  this  city,  or  that  portion  of  the  side- 
walk sodded  under  authority  of  law  on  any  of  the  streets;  nor 
stand,  walk  or  lie  upon  any  part  of  such  parks  or  sodded  portions 
of  sidewalks  aforesaid,  which  is  laid  out  and  appropriated  for 
grass  or  shrubbery,  under  the  penalty  of  five  dollars  for  each 
offense. 


City  of  Alb  Ayr.  619 

OFLICENSES. 


CHAPTER  25. 

As  to  Bill  Fosters. 
Section  1.  Must  obtain  license. 

2.  Mayor  may  grant  licenses. 

3.  Applicant  to  file  bond. 

4.  License  not  transferable. 

5.  Merchants  may  post  bills. 

6.  Where  permission  to  post  bills  is  necessary. 

7.  Penalty  for  violation. 

8.  Sale  of  newspapers  not  prevented. 

9.  Laws  repealed. 

Business  to  be  licensed. 

Section  1.  Xo  person,  copartnership  or  corporation  shall  post 
bills,  atfix  or  distribute  advertising  matter  in  the  city  of  Albany, 
without  previously  having  obtained  a  license  so  to  do  pursuant 
to  the  provisions  of  this  chapter. 

Mayor  to  grant  license. 

§  2.  The  Mayor  of  said  city  may  grant  to  any  person,  copart- 
nership or  corporation,  who  shall  apply  to  him  therefor  in  writ- 
ing, a  license  to  post  bills,  atfix  and  distribute  advertising  matter 
by  themselves,  their  or  its  agents  and  servants  in  the  city  of 
Albany,  which  said  license  shall  expire  on  the  first  Tuesday  of 
May  of  each  and  every  year. 

Application  for  license. 

§  3.  Every  applicant  for  a  license  under  the  provisions  of  this 
chapter  shall  file  with  the  Mayor,  at  the  time  of  making  the 
application,  a  bond  to  be  approved  by  the  Mayor,  executed  to  the 
city  of  Albany  in  the  penal  sum  of  two  thousand  dollars,  condi- 
tioned for  the  faithful  observance  of  section  six  of  this  chapter 
and  of  the  Laws  and  Ordinances  of  the  City  of  Albany,  and  that 
he,  they  or  it  will  pay  all  penalties  and  damages  for  which  he, 
they  or  it  may  become  liable  while  carrying  on  said  business. 
Said  bonds  shall  be  executed  by  the  applicant  together  with  two 
sureties,  who  must  be  residents  and  freeholders  of  the  county  of 
Albany.  Every  person,  copartnership  or  corporation  to  whom  a 
license  may  be  granted  under  the  provisions  of  this  chapter  shall 


620  Ordinances  of  ibe 

pay  to  tbe  Mayor,  for  the  use  of  the  city,  upon  delivery  of  the 
same,  the  sum  of  fifty  dollars. 

License  not  transferable. 

§  4.  A  liceuse  granted  pursuant  to  the  provisions  of  this  chap- 
ter shall  not  be  transferred,  and  if  transferred,  shall  at  once 
become  null  and  void  as  if  it  had  expired  by  its  own  limitation. 

Provision  as  to  Albany  merchants. 

§  5.  Merchants  and  others,  residents  of  or  having  their  princi- 
pal place  of  business  at  the  city  of  Albany,  may  post  bills,  affix 
and  distribute  advertising  matter  relating  solely  to  their  own 
business,  according  to  the  provisions  of  this  chapter,  with  the  con- 
sent of  the  Mayor  without  paying  a  license  fee.  But  said  mer- 
chants and  others  shall  not  post  bills,  affix  or  distribute  adver- 
tising matter  relating  to  goods,  merchandise  or  things  not  manu- 
factured, produced  or  sold  by  themselves,  and  which  said  goods, 
merchandise  or  things  are  sold  or  disposed  of  or  intended  to  be 
sold  or  disposed  of  by  merchants,  dealers  or  storekeepers  gener- 
ally throughout  the  said  city,  and  which  said  advertising  matter 
is  furnished  for  posting,  affixing  or  distributing  by  the  manufac- 
turers or  producers,  without  first  having  obtained  a  license  so  to 
do  according  to  the  provisions  of  this  chapter. 

Restrictions  as  to  places  for  posting  bills. 

§  6.  No  person,  copartnership  or  corporation  shall  attach,  place, 
paint  or  paste  or  cause  to  be  attached,  placed,  painted  or  pasted 
any  sign,  advertisement  or  other  matter  upon  any  public  lamp- 
post, electric-light  pole,  electric  railway  pole,  telegraph  pole,  tele- 
phone pole,  shade  tree  or  fire  hydrant  now  erected  or  that  may 
hereafter  be  erected  in  the  city  of  Albany;  nor  on  any  curb- 
stone, flagstone  or  any  other  portion  or  part  of  any  sidewalk  or 
cross-walk  in  said  city;  nor  shall  any  person,  copartnership  or 
coi-poration  attach,  place,  paint  or  paste  or  cause  to  be  attached, 
placed,  painted  or  pasted  any  sign,  advertisement  or  other  matter 
upon  any  house  or  part  thereof,  wall,  fence,  gate,  post  or  tree- 
box,  without  first  obtaining  permission,  in  writing,  of  the  owner, 
agent  or  occupant  of  the  premises  so  to  do. 

Penalty  for  violations. 

§  7.  Any  person,  copartnership  or  corporation  violating  any  of 
the  provisions  of  this  chapter  shall  be  guilty  of  a  misdemeanor, 
and  upon  conviction  thereof  shall  be  punished  by  a  fine  not  to 


City  of  Albany.  621 

exceed  the  sum  of  twenty-five  dollars  for  each  and  every  offense 
and  in  default  of  the  payment  of  such  fine,  the  person  so  con- 
victed shall  be  imprisoned  in  the  county  jail  of  Albany  county 
not  exceeding  one  day  for  each  dollar  of  the  fine  so  imposed. 
Newspapers. 

§  8.  The  sale  of  any  newspaper,  periodical  or  other  publication 
having  or  seeking  a  regular  circulation  in  said  city  shall  not  be 
affected  by  anything  in  this  chapter. 

§  9.  All  laws  and  ordinances  of  the  city  of  Albany  heretofore 
in  force,  respecting  the  licensing  of  bill  posters  and  the  post- 
ing, affixing  and  distribution  of  advertising  matter  are  hereby 
repealed. 


CHArTEK  2e. 
Of  Carta  and  Cartmen. 
Section  1.  Cartmen  to  be  licensed. 

2.  Fees. 

3.  Bond. 

4.  Certain  qualifications  required. 

5.  Expiration  of  license. 

6.  No  cart  or  truck  to  be  used  without  license. 

7.  Carts  to  be  numbered. 

8.  Licenses  unassignable. 

9.  Failure  to  renew  license. 

10.  To  report  to  Mayor  change  of  residence. 

11.  Duplicate  numbers. 

12.  Carts  incumbering  streets  may  be  removed. 

13.  Persons  driving  cart  or  truck  to  give  name. 

14.  Accident  or  injury. 

15.  Unlawful  to  back  cart  on  sidewalk. 

16.  Fast  driving. 

17.  Ash  carts. 

18.  List  of  prices. 

19.  Distances. 

20.  Legal  rates. 

21.  Penalty  for  extortion. 

22.  Special  contracts. 

23.  License  for  selling  fish,  etc. 
Cartmen  to  be  licensed. 

Section  1.  The   Mayor  may  license  as  a   cartman  any  person 
being  a  resident  of  this  city,  of  the  age  of  twenty-one  years,  and 


622  Ordinances  of  the 

either  a  citizen  of  tlie  United  States,  or  else  having  declared  his 
intention  to  become  a  citizen  in  conformity  with  the  naturaliza- 
tion laws  of  the  United  States.  And  the  Mayor  may  examine 
under  oath  all  persons  applying  for  or  holding  any  such  license, 
or  the  renewal  thereof,  touching  their  qualifications. 

Fees. 

§  2.  The  Mayor  shall  require  and  receive  for  the  use  of  the  city, 
from  every  person  to  whom  he  may  grant  a  license,  for  every 
one-horse  truck  or  cart,  one  dollar;  for  every  two-horse  truck  or 
cart,  two  dollars. 

Bond  to  be  given. 

§  3.  Every  person  to  whom  a  cartman's  license  is  granted,  shall, 
on  receiving  the  same,  execute  a  bond  to  the  city  of  Albany,  with 
one  or  more  sureties,  to  be  approved  by  the  Mayor,  in  the  penalty 
of  two  hundred  dollars,  and  conditioned  that  such  person  wiil 
pay  all  penalties  and  damages  for  which  he  may  become  liable 
while  acting  as  a  cartman,  and  conform  to  the  laws  and  ordi- 
nances of  said  city. 

When  certain  qualifications  not  required. 

§  4.  The  Mayor  may  license  persons  as  sand  cartmen  without 
their  possessing  the  qualifications  or  complying  with  the  condi- 
tions required  by  the  first  and  third  sections  of  this  article;  and 
such  license  shall  entitle  them  to  act  as  cartmen  for  carrying 
sand,  earth,  clay,  dirt  or  gravel,  for  hire  or  wages;  but  no  person 
licensed  as  a  sand  cartman,  shall  transport  any  other  articles 
than  those  above  enumerated;  and  if  he  do,  he  shall  incur  a 
penalty  of  five  dollars  for  every  such  offense. 

Licenses,  when  to  expire. 

§  5.  All  licenses  to  cartmen  shall  expire  on  the  first  Tuesday 
of  May  in  every  year. 

No  cart  or  truck  to  be  used,  except  licensed. 

§  6.  No  cart  or  truck  shall  be  used  within  said  city  except  it 
be  duly  licensed,  and  the  person  to  whom  license  is  granted  to 
keep  and  use  a  cart  or  truck,  shall,  for  all  the  purposes  of  this 
chapter,  be  considered  the  owner  thereof  and  responsible  for  all 
articles  intrusted  to  and  for  the  conduct  of  the  driver  thereof, 
and  liable  to  all  forfeitures,  penalties  and  punishments  herein 
contained  or  provided. 


City  of  Albany.  623 

Carts  to  be  numbered. — Name. — Sand  carts. 

§  7.  Each  eartmau,  as  soon  as  be  is  licensed,  shall  cause  his 
name  and  number  of  his  license  to  be  legibly  painted  with  black 
paint  on  a  white  ground,  and  so  as  easily  to  be  seen,  upon  each 
side  of  his  cart,  on  the  square  of  the  after  part  of  the  shaft;  and 
shall  keep  the  same  so  painted  thereon,  under  the  penalty  of  one 
dollar  for  every  day  he  shall  drive  his  cart  without  such  name 
and  number  so  painted  on  the  same.  Sand  carts  shall  have  the 
letters  S.  C.  painted  thereon,  in  addition  to  the  name  and  number 
above  required. 

License  unassignable. 

§  8.  No  eartmau  shall  assign  his  license;  and  if  he  do,  the  same 
shall  be  forfeited. 

Failure  to  renew  license. 

§  9.  Every  person  licensed  as  aforesaid  to  keep  a  cart  or  truck, 
upon  failing  to  renew  the  license  for,  or  disposing  of  or  parting 
with  the  same,  shall  deface,  remove  and  obliterate  his  name,  or 
the  license  number  tlierefrom,  and  failing  or  neglecting  to  do  so 
shall  be  deemed  to  be  a  violation  of  this  ordinance. 

To  report  residence  and  change  of  residence  to  Mayor. 

§  10.  Every  person  upon  receiving  a  license  to  keep  a  cart  oi 
to  be  a  cartman,  shall  report  his  residence  to  the  Mayor,  and 
upon  changing  his  residence  shall,  in  like  manner,  report  his  new 
residence,  and  the  failing  or  neglecting  to  do  so  shall  be  deemed 
a  violation  of  this  ordinance. 

Unlawful  to  use  duplicate  numbers. 

§  11.  It  shall  not  be  lawful  for  any  person  to  keep,  use,  drive  or 
emploj-  any  cart  or  truck  with  numbers  or  figures  thei'eon  similar 
to  or  resembling  the  numbers  on  carts  or  trucks,  or  for  any 
person  licensed  to  keep  carts  or  trucks,  to  place  or  have  any 
number  for  which  he  may  have  received  license  on  more  than 
one  cart  or  truck,  or  to  use  more  carts  or  trucks  than  he  may 
have  license  for. 

Carts  incumbering  streets  may  be  removed. 

§  12.  The  Mayor  and  tlie  several  officers  and  members  of  the 
Police  Department  and  magistrates  shall  have  power  and 
authority  to  order  the  driver  or  other  person  having  charge  of 
any  cart  or  truck,  to  remove  such  cart  or  truck  away  from  any 
place  in  any  of  the  streets  or  on  any  of  the  wharves  or  docks  of 


624  Ordinances  of  the 

said  city,  improperly  incumbering  such  street  or  wharf,  or 
obstructing  or  impeding  the  public  travel,  and  any  and  every 
person  neglecting  or  refusing  to  comply  with  or  obey  any  such 
order  shall  be  deemed  guilty  of  a  violation  of  this  ordinance. 

PerBons  driving  cart  or  truck  to  give  name,  etc. 

§  13.  It  shall  be  the  duty  of  every  person  driving  or  having 
charge  of  a  cart  or  truck  to  give  to  any  person  requesting  it,  his 
name  and  place  of  residence,  the  number  of  the  cart  or  truck  he 
is  driving,  or  in  charge  of.  and  the  name  and  place  of  residence 
of  the  owner  thereof;  and  the  refusal  to  do  so  shall  be  deemed 
a  violation  of  this  ordinance. 

In  case  of  accident  or  injury. 

§  14.  If  any  accident  or  injury  shall  happen  to  any  person,  or 
any  carriage,  vehicle  or  any  other  thing,  by  reason  of  coming  in 
contact  with  any  other  carriage,  vehicle  or  any  other  thing,  or 
the  horse  or  horses  attached  thereto,  or  anything  loaded  thereon, 
while  the  same  is  moving,  it  shall  be  the  duty  of  the  person 
driving  or  having  charge  of  the  same  to  immediately  stop,  and, 
if  necessary,  render  his  assistance,  and  to  give  his  name  and 
residence,  and  the  name  and  residence  of  the  owner  thereof, 
under  penalty  of  fifty  dollars,  to  be  recovered  from  the  driver  or 
owner  of  any  such  carriage,  vehicle  or  any  other  thing. 

Unlawful  to  back  cart  or  truck  on  sidewalk,  etc. 

§  15.  It  shall  not  be  lawful  for  any  cartman,  or  for  any  person 
driving  or  having  charge  of  any  cart  or  truck,  to  drive  or  back 
any  such  cart  or  truck  on  to  the  sidewalk  of  any  of  the  streets 
of  said  city,  or  to  stop  any  such  cart  or  truck  on  any  of  the 
cross-walks  or  intersections  of  streets,  so  as  to  obstruct  or  hinder 
the  travel  along  such  cross-walks  or  intersections  of  streets,  or  to 
place  any  such  carts  or  trucks  crosswise  of  any  street  or  wharf 
of  said  city,  except  to  load  thereon  or  unload  therefrom;  but  in 
no  case  shall  it  be  lawful  for  any  person  to  permit  such  cart  or 
truck  to  remain  so  crosswise  of  any  street  for  a  longer  period 
than  may  be  actually  necessary  for  such  purpose,  and  not  to 
exceed  five  minutes. 

Unlawful  to  drive  faster  than  six  miles  an  hoifr. 

§  16.  It  shall  not  be  lawful  for  any  cart  or  truck  to  be  driven 
through  any  of  the  streets  of  the  city  of  Albany  at  a  greater 
speed  than  six  miles  an  hour;   nor  shall  it  be  lawful  for  any  such 


City  of  Albany.  625 

vehicle  to  be  driven  around  the  corner  of  any  of  the  streets  of 
said  city,  with  the  horse  or  horses  thereto,  traveling  at  a  faster 
gait  than  three  miles  per  hour;  and  all  and  every  such  cart 
and  truck  when  passing  through  or  along  any  of  the  streets 
of  said  city  shall,  when  meeting  any  other  vehicle,  be  driven  to 
the  right  hand  side  of  the  way,  so  that  such  vehicles  shall  pass 
clear  of  each  other;  and  it  shall  be  unlawful  for  any  such  cart 
or  truck,  or  the  horse  or  horses  attached  thereto,  to  be  driven 
foul  of  or  against  any  person,  vehicle  or  other  thing,  whatever, 
in  any  of  the  streets,  or  on  any  of  the  docks  and  wharves  of 
said  city. 

Carts    conveying'     ashes,    etc.,  to     have     tight    boxes. — Size. — 
Wagons  to  be  covered  on  top. — Penalty. 

§  17.  No  cart,  wagon  or  other  vehicle  shall  be  used  to  convey 
ashes,  rubbish,  mortar,  lime,  plaster,  grain,  swill,  sand,  earth, 
clay,  manui'e  or  dirt,  without  having  thereon  a  tight,  close  and 
sufficient  box,  to  prevent  the  escape  of  its  contents  into  the 
street;  said  box  to  be  at  least  sixteen  inches  in  height,  two  feet 
four  inches  wide  in  front,  two  feet  eight  inches  wide  in  rear, 
and  five  feet  six  inches  long  In  clear.  And  no  cart,  wagon, 
vehicle  or  other  receptacle  shall  be  used  to  convey  rubbish,  ashes 
or  swill,  without  being  securely  covered  on  the  top  with  a  tight 
and  close  fitting  cover,  to  prevent  the  escape  of  its  contents,  and 
such  box  shall  be  securely  covered  at  all  times  when  in  use, 
except  when  receiving  or  discharging  its  contents.  Every  person 
so  using  any  cart,  wagon  or  other  vehicle  not  conforming  to  the 
requirements  of  this  section,  shall  incur  therefor  a  penalty  of 
five  dollars  for  every  day  on  which  the  offense  is  committed. 

List  of  prices. 

§  18.  The  prices  or  rates  which  may  be  charged  by  cartmen  for 
the  carriage  of  articles  in  this  city,  including  in  such  carriage 
loading,  carrying  and  unloading,  shall  be  the  following: 

1.  When  the  distance  does  not  exceed  one-half  mile. 

For  every  hogshead  of  molasses,  rum  or  other  spirituous 
liquors,  exceeding  ninety  gallons,  fifty  cents. 

For  eveiy  pipe  of  wine  or  spirituous  liquors,  fifty  cents. 

For  every  cask  of  molasses  or  spirituous  liquor,  exceeding 
thirty  and  less  than  sixty  gallons,  when  carried  singly,  thirty^ 
seven  cents. 

40 


626  Ordinances  of  the 

For  every  hogshead  of  sugar,  fiftj'  cents. 

For  every  tierce  of  sugar,  thirty-seven  eeuts. 

For  removing  every  load  of  dirt  or  tilth  out  of  the  street,  fifty 
cents. 

For  every  load  of  household  furniture,  and  housing  the  same, 
one  dollar. 

For  every  load  of  lumber,  fifty  cents. 

For  every  load  of  fiour,  consisting  of  six  barrels  or  more,  fifty 
cents. 

For  every  single  barrel  of  flour,  thirty  cents. 

For  every  one  hundred  sides  of  sole  leather,  fifty  cents. 

For  every  one  hundred  green  hides,  seventy-five  cents. 

For  every  single  stove,  thirty-seven  cents,  and  every  addi- 
tional stove,  ten  cents. 

For  every  ton  of  iron,  fifty  cents. 

For  every  three  l)arrels  of  oil,  thirty-seven  cents. 

For  every  barrel  over  three  in  the  same  load,  twelve  cents. 

For  every  single  trunk  or  valise  or  carpet-bag,  thirty-seven 
cents. 

For  every  additional  trunk,  valise  or  carpet-bag,  twelve  cents. 

For  every  load  not  specified,  thirty-seven  cents. 

For  every  load  collected  at  two  places,  fifty  cents. 

Distances. 

2.  When  the  distance  between  the  places  of  receiving  and 
delivering  exceeds  half  a  mile,  and  is  less  than  a  mile,  one-half 
more  than  the  above  rates. 

§  19.  When  the  distance  exceeds  a  mile,  double  the  above  rates. 

Entitled  to  legal  rates. 

§  20.  Every  cartman  shall  be  entitled  to  be  paid  the  legal  rate 
of  compensation  allowed  and  provided  in  this  ordinance  imme- 
diately upon  the  carting  or  transportation  of  any  article  or 
thing.  And  it  may  be  lawful  for  any  such  cartman  to  retain 
any  article  or  thing  so  carted  or  transported  by  him  for  which 
he  is  not  so  paid  his  cartage,  and  to  convey  the  same,  without 
delay,  to  the  office  of  the  Chief  of  Police,  and  he  shall  be  entitled 
to  the  lawful  rate  of  pay  or  compensation  for  the  so  conveying. 
All  disputes  or  disagreements  as  to  distance  or  rates  of  compen- 
sation between  cartmeu  and  persons  employing  them,  or  owing 
for  cartage  or  transportation,  shall  be  determined  by  the  Mayor, 
or  such  other  person  as  he  may  designate. 


City  of  Albany.  ()27 

Penalty  for  extortion. 

§  21.  If  any  cartruau  shall  ask,  domaud,  take,  extort  or  receive 
any  greater  rate  or  rates,  price  or  prices,  for  carting  any  goods, 
wares,  merchandise  or  other  things  than  liereiul)oforo  mentioned 
and  limited,  or  shall  be  guilty  of  eml)ez7denieut  or  deceit  in  tlie 
execution  of  his  duty,  he  shall  incur  a  penalty  of  twenty  dollars 
for  every  offense. 

Special  contract  may  be  made. 

§  22.  But  none  of  the  provisions  of  this  ordinance  shall  prevent 
llie  making  of  a  contract  at  rates  different  from  those  herein 
described. 

License  for  selling  fish,  etc. 

§  23.  No  person  shall  drive  any  cart,  wagon  or  other  carriage 
about  the  streets  of  this  city,  for  selling  fish,  oysters,  clams  oi- 
fruit,  unless  specially  licensed  as  a  cart  man  for  tliat  purpose, 
under  the  penalty  of  live  dollars  for  each  offense. 


CHAPTER  27. 
Of  Ilackiiey  Coadtes. 
Section  1.  License,  badges,  etc. 

2.  Stands  for  hackmen. 

3.  List  of  prices. 

4.  Disputes  settled  by  Mayor. 

5.  Drivers'  Ijadges. 

6.  Mayor  may  transfer  owners'  licenses. 

7.  License  fees. 

8.  Transfer  of  drivers'  license. 

9.  Drivers'  license  fee. 

10.  Drivers  may  drive  any  hack  of  owner. 

11.  May  demand  fare  on  entering  coach. 

12.  Passengers  not  to  be  solicited. 

13.  Owners  personally  liable. 

14.  Construction  of  word. 

15.  Runners. 

License  qualifications  of  owners. — Duration. 

Section  1.  1.  The  Mayor  may  issue  licenses  to  sucli  persons  as 
are  twenty-one  years  of  age,  citizens  of  United  States,  and  ^\  lin 
have  resided  in  the  city  for  the  last  six  months,  to  keep  hackney 


628  Ordinances  of  tee 

coaches,  cabs,  or  other  carriages  for  hire;  and  such  license,  stat- 
ing the  number  of  the  coacli,  cab,  or  other  carriage,  and  the 
name  of  the  person  to  whom  it  is  granted,  shall  continue  in  force 
until  the  second  Tuesday  in  May  after  the  date  thereof;  and  no 
person  or  persons  shall  keep  or  use  any  hackney  coach,  cab,  or 
other  carriage,  for  hire  in  the  said  city,  without  being  licensed 
as  aforesaid,  under  the  penalty  of  ten  dollars  for  every  such 
offense. 

License  qualifications  of  drivers. — Duration. 

2.  The  Mayor  may  issue  licenses  to  such  persons  as  are 
twenty-one  years  of  age,  citizens  of  the  United  States,  and  who 
have  resided  in  the  city  for  the  last  six  months,  to  drive  hackney 
coaches,  cabs,  or  other  carriages;  and  such  license,  stating  its 
number  and  the  name  of  the  person  to  whom  it  is  granted,  shall 
continue  in  force  until  the  second  Tuesday  in  May  after  the  date 
thereof;  and  no  person  except  the  owner  or  keeper,  shall  drive 
or  demand,  or  receive  any  money  for  conveying  any  person  or 
persons,  without  being  licensed  as  driver  as  aforesaid. 

Drivers  to  be  vouched  for  by  owners,  etc. 

3.  No  license  shall  be  granted  under  subdivision  two  of  this  sec- 
tion unless  the  person  applying  for  such  license  shall  be  vouched 
for  by  the  owner  of  the  coach,  cab  or  carriage  for  which  he 
applies  for  a  license  and  by  two  other  reputable  citizens  who 
have  known  said  applicant  for  the  space  of  one  year  to  be  of 
good  moral  character. 

Mayor  to  administer  oath. 

4.  The  Mayor  of  said  city  shall  administer  to  any  person  apply- 
ing for  a  license  as  provided  for  in  this  section,  an  oath  or 
affirmation  in  relation  to  the  matters  embraced  in  subdivisions 
one  and  two  of  this  section,  and  may  examine  such  applicants 
relative  to  all  necessary  qualifications  to  receive  such  license. 

Drivers'  badges. 

5.  Every  person  licensed  under  the  second  subdivision  of  this 
section  shall,  at  all  times,  Avheu  driving,  or  when  with  his  coach, 
cab,  carriage  or  omnibus,  or  when  demanding  or  receiving 
money  for  the  conveying  of  any  passengers,  wear  on  the  breast 
of  his  coat,  in  a  conspicuous  place,  a  badge,  to  be  furnished  him 
by  the  Clerk  of  the  Common  Council,  at  the  expense  of  said 
licensed  hackman.  which  shall  not  exceed  in  cost  two  dollars, 


City  of  Albany.  629 

and  shall  contain  in  legible,  large-sized  letters  and  figures  the 
words  "  Licensed  Hackman,"  and  the  number  of  license. 

List  of  hackmen  to  be  kept  in  Mayor's  office. 

6  A  correct  list  of  such  licensed  hackmen,  ^'ith  the  number  of 
their  license,  and  the  residence  of  such  licensed  hackmen,  and 
also  a  list  of  the  licensed  hacks,  cabs,  coaches  and  omnibuses 
with  the  residence  of  the  owners,  shall  be  kept  in  the  office  of 
the  Mayor,  a  copy  of  which  shall  be  by  him  furnished  to  each 
of  the  station-houses  in  said  city,  as  soon  after  the  second  Tues- 
day of  May  of  each  year  as  possible. 

License  Fees. 

7  Every  person  who  may  be  licensed  as  aforesaid  to  keep 
hacknev  coaches,  cabs  or  other  carriages  for  hire,  shall  pay  to 
the  Mayor  the  sum  of  five  dollars  per  annum  for  every  hackney 
coach,  cab  or  carriage  drawn  by  two  horses,  and  three  dollars 
per  annum  for  every  hackney  coach,  cab  or  carriage  drawn  by 
one  horse,  which  shall  be  kept  for  hire. 

Mayor  may  revoke  licenses. 

8  The  Mayor  may,  at  any  time,  and  for  any  cause  or  reason, 
suspend  or  revoke  any  license  issued  pursuant  to  the  provisions 
hereof;  and  any  person  who  shall  continue  to  act  as  driver  or 
owner  of  hackney  coaches  after  such  suspension  or  revocation 
shall  incur  a  penalty  of  twenty-five  dollars  for  each  day  he  shall 
so  act. 

Stands  for  hackmen. 

§2  The  following  are  declared  to  be  the  places  where  hack- 
men,  with  their  horses  and  vehicles,  may  stand  waiting  for 
employment:  On  the  west  side  of  Broadway,  between  State 
street  and  Maiden  lane,  and  on  the  east  side  of  Broadway, 
between  State  street  and  a  point  one  hundred  and  twenty-five 
feet  south  of  Maiden  lane,  provided  that  no  cross-walk,  or  rail- 
way, or  track  be  obstructed  thereby;  any  person  offending 
against  the  provisions  hereof  shall  incur  a  penalty  of  ten  dollars 
for  each  offense. 

List  of  prices. 

§3  The  prices  which  may  be  charged  by  the  owner  or  drivers 
of  hackney  coaches,  cabs,  or  other  carriages  for  conveying  pas- 
sengers therein,  are  as  follows: 


f)30  Ordinances  of  the 

For  each  passenger  for  any  distance  within  the  paved  streets, 
not  exceeding  one  mile,  fifty  cents. 

But  no  omnibus  shall  charge  or  receive  more  than  twenty-flve 
cents  for  the  conveyance  of  each  passenger  within  the  paved 
streets,  not  exceeding  one  mile. 

For  each  passenger,  for  any  distance  witliin  the  paved  streets 
over  one  mile,  and  not  exceeding  two  miles,  seventy-flve  cents. 

For  each  passenger,  for  any  distance  over  two  miles,  not 
exceeding  three  miles,  one  dollar. 

For  each  passenger,  from  any  part  of  the  paved  streets  to  the 
alms-house  and  back,  with  the  privilege  of  detaining  the  carriage 
one  hour  at  said  alms-house,  two  dollars. 

For  each  passenger,  fi-om  any  part  of  the  paved  streets  to  the 
penitentiary  and  back,  with  the  privilege  of  detaining  the  car- 
riage at  said  penitentiary  thirty  minutes,  seventy-five  cents. 

For  attending  a  funeral  from  any  part  of  the  city  east  of 
Robin  street,  to  any  part  of  the  public  burial  grounds  of  the  city, 
for  each  carriage,  tAvo  dollars. 

The  owner  or  driver  of  every  hackney  coach,  cab  or  other  car- 
riage, shall  be  allowed  for  every  hour  the  same  may  be  detained, 
excepting  as  aforesaid,  for  each  carriage,  one  dollar  for  the  first 
hour,  and  for  every  additional  hour  seventy-five  cents,  or  the 
passenger  or  passengers  may  have  the  privilege  of  keeping  the 
carriage  all  day,  between  the  hours  of  eight  in  the  morning  and 
six  in  the  evening,  for  eight  dollars;  such  owner  or  driver  shall 
also  be  allowed  to  charge  for  one  hundred  and  twenty-eiglit 
pounds  of  baggage  at  the  same  rate  as  for  a  passenger. 

§  4.  All  disputes  as  to  prices  or  distance  shall  be  settled  by  the 
Mayor  or  such  other  person  as  he  may  designate. 

Penalty  for  certain  omissions  or  refusals. 

§  5.  A  penalty  of  ten  dollars  shall  be  imposed  upon  the  owner 
or  driver  of  any  hackney  coach,  cab  or  other  carriage  who  shall 

1.  Refuse  or  neglect  to  convey  any  person  or  persons  to  any 
place  within  the  north  and  south  bounds  of  the  city,  and  extend- 
ing from  the  river  three  mih>s  west,  upon  being  applied  to  for 
that  purpose;    or, 

2.  Charge  any  additional  sum  for  going  from  the  stand  to  take 
up  a  passenger,  excepting  tlint  the  distance  from  the  stand  shall 
be  considered  as  a  part  of  the  distance  for  which  he  shall  be 
entitled  to  the  i-egular  fare;   or. 


City  of  Albany.  63  L 

3.  Demand  or  receive  any  greater  prices  or  rates  than  those 
herein  established;    or, 

4.  Neglect  or  refuse  to  place,  permanently,  in  a  conspicuous 
place  inside  his  vehicle,  a  printed  cai'd,  as  follows: 

Licensed  Hack,  Number .    ,  Proprietor. 

Which  blank  shall  be  filled  bj-  inserting  the  number  of  the 
license  and  the  name  of  the  proprietor  of  the  vehicle,  after 
wliich,  in  said  card,  shall  follow  the  license,  or  a  copy  thereof, 
and  also  a  list  of  the  prices  authorized  to  be  charged  by  section 
three  of  this  ordinance; 

5.  Neglect  or  refuse  to  keep  such  card  in  a  clean  and  legible 
condition,  or  to  replace  it  with  a  new  one,  whenever  any  part  of 
it  shall  have  become  defaced  or  illegible;   or, 

6.  Neglect  or  refuse  to  place  the  number  of  license  conspicu- 
ously on  the  outside  of  his  vehicle,  in  colors  strongly  contrasting 
with  the  color  of  the  part  of  such  vehicle  on  which  they  may  be 
placed;   or, 

7.  Willfully  misrepresent  the  distance  from  place  to  place,  or 
the  time  of  arrival  or  departure  of  any  steamboat  or  other  public 
mode  of  conveyance,  or  drive  by  any  other  than  the  shortest 
practicable  route  to  the  place  where  his  passenger  may  desire 
to  go;   or, 

8.  Put  or  keep  upon  his  vehicle  any  descriptive  sign,  inscrip- 
tion or  device,  or  the  name  of  any  hotel,  tavern,  or  public  house, 
or  of  any  steamboat  or  railroad  line,  unless  the  said  vehicle  shall 
actually  belong  to  and  is  licensed  in  the  name  of  the  proprietor 
of  such  hotel,  tavern,  or  public  house,  steamboat  or  railroad  com- 
pany, as  the  case  may  be,  the  name  of  which  may  be  used 
thereon;   or, 

9.  Suffer  to  persuade  or  influence  any  person  or  passenger  to 
go  to  any  house,  boat  or  place,  or  to  deceive  or  mislead  any 
passenger,  or  to  take  him  to  any  boat,  house  or  place  than  that 
to  which  he  may  desire  to  go;  oi', 

10.  SuflCer  or  permit  any  person  under  the  age  of  twenty-one 
years  to  drive  such  hackney  coach,  cab  or  other  licensed  carriage 
or  vehicle,  within  the  corporate  bounds  of  the  city. 

11.  Snap  or  flourish  his  whip,  or  be  guilty  of  any  disorderly 
act  while  waiting  for  employment  at  any  of  the  public  stands  or 
any  stand  that  may  be  hereafter  made,  or  at  any  steamboat 
lauding,  railroad  depot,  or  at  any  other  public  place  in  the  city. 


632  Ordinances  of  thk 

Mayor  may  transfer  owner's  license. 

§  6.  If  the  owner  of  any  hackney  coach,  carriage  or  cab,  who 
may  have  received  a  license  as  aforesaid,  shall  sell  or  dispose 
of  such  coach,  carriage  or  cab,  befoi-e  the  expiration  of  such 
license,  such  licensed  owner  shall,  within  five  days  of  the  date 
of  such  sale  or  disposal,  report  the  same  to  the  Mayor,  and  the 
Mayor  may  transfer  such  license  on  the  payment  of  one  dollar, 
provided  the  said  purchaser  is  qualified  under  section  one  of  this 
cliapter;  and  every  such  owner  of  a  hackney  coach  or  cab  who 
shall  neglect  to  report  sucli  sale  or  disposal  as  aforesaid,  shall 
be  liable  to  a  fine  of  five  dollars. 

License  fees. 

§  7.  Every  person  who  may  be  licensed  as  aforesaid  to  keep 
hackney  coaches,  cabs  or  other  carriages  for  hire,  shall  pay  to 
the  Mayor  the  sum  of  five  dollars  per  annum  for  every  hackney 
coach,  cab  or  carriage  drawn  by  two  horses,  and  three  dollars 
per  annum  for  every  hackney  coach,  cab  or  carriage  drawn  by 
one  horse,  which  shall  be  kept  for  hire. 

Transfer  of  driver's  license. 

§  8.  Any  driver  who  may  be  licensed  under  subdivision  two  of 
section  one  of  tliis  ordinance  may  have  his  license  transferred 
with  the  consent  of  the  Mayor,  upon  wi'itten  application  of  the 
owner  of  the  coach  or  cab  to  which  he  applies  for  transfer. 

Driver's  license  fee. 

§  9.  Every  driver  of  a  hackney  coach  or  cab  shall  pay  to  the 
Mayor  the  sum  of  one  dollar. 

Driver  may  drive  any. hack  of  owner. 

§  10.  Any  driver  who  may  be  licensed  under  subdivision  two 
of  section  one  of  this  chapter  may  drive  and  use  any  coach  or 
cab  belonging  to  his  employer;  and  no  owner  of  any  liackney 
coach  or  cab  shall  allow  any  person  to  drive  such  coacli  or  cab 
who  is  not  licensed  as  aforesaid,  under  penalty  of  five  dollars. 

May  demand  fare  on  entering  coach. 

§  11.  Every  licensed  owner  or  driver  of  any  hackney  coach  or 
cab  shall  have  the  right  to  demand  his  fare  of  the  person  or 
persons  employing  him  on  their  entering  his  coach  or  cab,  and 
may  refuse  conveying  any  such  person  as  does  not  comply  with 
said  demand. 


City  op  A  lb  an  r.  633 

Passengers  not  to  be  solicited. 

§  12.  No  person,  except  the  licensed  owner  or  driver  of  a  hack- 
ney coach,  cab,  carriage  or  other  vehicle,  and  then  only  when 
remaining  in  or  upon  his  vehicle,  or  witliin  fifteen  feet  there- 
from, shall,  upon  any  street,  lane  or  alley,  or  upon  any  dock, 
pier,  wharf  or  public  highway,  or  in  any  other  place,  within  the 
corporate  bounds  of  the  city,  solicit  passengers  or  others,  or 
their  baggage,  for  any  hackney  coach,  cab,  carriage  or  other 
vehicle;  and  no  person  whomsoever  shall,  in  any  event,  for  the 
purpose,  or  in  the  exercise  of  soliciting,  procuring  or  receiving 
passengers  or  baggage  for  any  such  hackney  coach,  cab.  carriage 
or  other  vehicle,  enter,  be,  or  I'emain  in  or  upon  any  railroad  car, 
stage  coach,  omnibus  or  steamboat,  or  enter,  be  or  remain  in  or 
upon  any  steamboat,  gang-plank  or  railroad  depot,  or  railroad 
yard,  or  approach,  be  or  remain  within  a  radius  of  fifteen  feet 
of  the  place  of  egress  from  any  railroad  car  or  steamboat;  and 
any  person  offending  against  any  of  the  provisions  of  this  section 
shall  incur  a  penalty  of  ten  dollars  for  every  offense. 

Owner  personally  liable. 

§  13.  The  keeper  of  any  hackney  coach,  cab  or  other  licensed 
carriage,  and  for  hire  or  reward  in  said  city,  shall  be  personally 
liable  for  the  penalty  imposed  for  the  violation  of  any  provision 
of  this  ordinance  by  any  person  employed  by  such  owner  or 
keeper  to  drive  such  coach,  cab  or  other  carriage. 

Construction  of  word. 

§  14.  For  the  purpose  of  this  law,  the  words  cab,  coach,  omni- 
bus and  vehicle  shall  be  construed  to  mean  any  conveyance 
drawn  by  a  horse  or  horses,  and  used  for  the  carrying  and 
transportation  of  passengers. 

Banners. 

§  15.  No  person  shall  hereafter,  within  the  corporate  bounds  of 
the  city,  or  upon  the  waters  under  its  jurisdiction,  act  as  a 
runner,  or  solicit  or  engage  any  person  or  persons  to  take  passage 
in  or  upon  any  railroad,  steamboat,  stage  or  public  conveyance 
whatever  by  which  persons  are  carried  from  said  city  to  any 
point.  Every  word  spoken  by  any  person  which  may  tend  to 
induce  another  person  to  take  passage  in  or  upon  any  railroad, 
steamboat,  stage  or  public  conveyance,  shall  be  deemed  a  viola- 
tion of  this  section.    Every  person  violating  any  of  the  provisions 


(J34  Ordinances  of  the 

of  this  section  sliall,  for  tlie  first  offense,  incur  a  penalty  of  five 
dollars,  and  for  every  subsequent  violation  thereof,  a  penalty  of 
ten  dollars. 


CHAPTER  28. 

Of  .Tank  Dealers. 
Business  defined. —  License  fees. 

Section  1.  The  Mayor  of  the  city  of  Albany  is  hereby  author- 
ized to  issue  licenses  to  persons  desiring  to  carry  on  tlie  business 
of  buying,  selling  and  dealing  in  junk,  rags,  old  rope,  old  iron, 
brass,  copper,  tin,  lead  or  other  old  metals,  old  bottles,  old  glass, 
old  bones,  old  tin-Avare  or  any  second-hand  articles,  excepting 
second-hand  booiis  and  furniture,  upon  payment,  annually,  to  the 
city  of  Albany,  of  tlie  sum  of  twenty-five  dollars  as  a  license  fee 
for  each  and  every  license  so  issued. 

Qualification. 

§  2.  No  person  shall  be  licensed  as  provided  in  the  foregoing 
section  unless  he  shall  be  a  citizen  of  the  United  States, 

Bond. 

§  3.  Every  person  to  whom  a  license  shall  be  granted  author- 
izing such  person  to  purchase,  sell  or  deal  in  any  of  the  articles 
mentioned  or  described  in  the  first  section  of  the  ordinance,  shall 
enter  into  a  bond  to  the  city  of  Albany  in  the  penal  sum  of  two 
hundred  and  fifty  dollars,  and  with  good  and  sufficient  sureties 
to  be  approved  by  the  Mayor  of  said  city,  conditioned  for  the 
due  observance  of  all  such  ordinances  of  the  city  of  Albany,  as 
may  be  enacted  respecting  persons  buying,  selling  or  dealing  in 
any  such  articles  during  the  continuance  of  such  license. 

Designating  place  of  business. —  Carts,  wagons. 

§  4.  Every  license  which  shall  be  granted  in  pursuance  of  sec- 
tion one  of  this  chapter  shall  designate  the  house  or  place  in 
which  the  person  receiving  such  license  shall  be  authorized  to 
carrj'  on  such  business,  and  it  shall  be  lawful  for  any  such  person 
so  licensed  as  aforesaid,  to  keep,  use  and  drive  a  cart  or  wagon 
in  the  city  of  Alliany.  for  the  purchase  and  sale  of  any  or  all  tlie 
articles  mentioned  and  described  in  said  section  one;  each  person 
so  licensed  shall  pay  a  Ucense  fee  of  three  dollars  for  each  cart 


City  of  Albany.  685 

or  wagon  so  kt'pt.  used  and  driven  in  cxfoss  of  one  cart  or  wa-'on 
provided  that  each  cart  or  waj^on  so  kept,  used  or  driven  bj-  him 
shall  be  marked  with  his  name  at  length,  the  street  and  number 
of  his  place  of  business,  and  the  number  of  his  license  in  plain 
letters  and  figures  at  least  two  inches  in  length. 

All  dealers  to  be  licensed. 

§  5.  It  shall  be  unlawful  for  any  person  or  persons  to  carry  on 
the  business  of  buying,  selling  or  dealing  in  any  of  the  articles 
or  tilings  mentioned  and  described  in  section  one  of  this  chapter, 
or  procure  to  be  used  or  driven  any  cart,  wagon  or  other  vehicle 
for  the  purchase  or  sale  of  either  of  said  articles,  without  being 
first  licensed  so  to  do  as  provided  in  and  by  section  one  aforesaid. 

Articles  not  to  be  taken  in  pawn. —  Hours  of  business. 

§  6.  No  person  licensed  as  aforesaid  shall  receive,  in  the  line  of 
his  business,  any  article  or  thing  by  way  of  pledge  or  pawn,  nor 
shall  he  loan  or  advance  any  sum  of  money  on  the  security  of 
any  such  article  or  thing;  nor  shall  any  such  person  receive  or 
purchase  any  goods,  article  or  thing  whatever  from  any  person 
under  the  age  of  eighteen  years,  or  from  any  person  or  persons 
whomsoever,  between  the  setting  of  the  sun  and  the  hour  of 
seven  o'clock  in  the  morning. 

Reports. 

§  7.  Every  person  licensed  under  the  provisions  of  this  chapter 
is  hereby  required  to  make  a  report  in  writing,  to  the  Chief  of 
Police  of  the  city  of  Albany,  in  such  form  as  such  chief  may  pre- 
scribe, all  articles  purchased  or  received  by  him  during  a  period 
of  time  specified  in  such  request  together  with  the  name  and 
residence  of  the  person  or  persons  from  whom  such  purchases 
were  made,  and  to  whom  such  articles  were  sold. 

Not  to  act  as  pawnbroker. 

§  8.  No  person  or  persons  licensed  to  carry  on  business  under 
the  provisions  of  this  chapter  shall  (during  the  continuance  of 
such  license)  use,  exercise  or  carry  on  the  business  or  trade  of  a 
pawnbroker,  nor  shall  any  pawnbroker  receive  a  license  under 
the  provisions  of  this  chapter. 

Revoking'  license. 

§  9.  No  person  licensed  pursuant  to  this  ordinance  shall  carry 
on  any  such  business  at  any  otlier  liouse  or  place  than  the  one 


6'S6  ORDINANCES   OF  'I HE 

designated  in  siicli  license,  nor  sliall  continue  to  carry  on  such 
business  after  sucli  license  may  have  been  revoked. 

Signs. —  Removal  of  Place  of  Business. 

§  10.  Every  person  licensed  under  the  provisions  of  this  chapter 
shall  have  and  keep  a  sign  on  the  outside  and  in  front  of  his 
shop  or  other  place  used  for  carrying  on  such  business,  on  which 
shall  be  plainly  set  forth  in  conspicuous  letters  and  figures  his 
name,  his  licensed  business  and  the  number  of  his  said  license; 
and  in  case  any  person  so  licensed,  as  aforesaid,  shall  remove  his 
shop  or  place  of  business  from  the  place  designated  in  said 
license,  he  or  she  shall  immediately  thereupon  give  notice  to  the 
Mayor,  and  have  the  same  indorsed  upon  such  license,  and  the 
number  of  his  shop  or  place  of  business  shall  thereupon  be 
changed  upon  the  sides  of  the  cart  or  Avagon  used  by  sucli 
licensed  person,  and  made  to  correspond  with  such  change  of 
shop  or  place  of  business. 

Badge  to  be  worn. 

§  11.  Every  person  licensed  under  the  provisions  of  this  chapter 
shall,  when  engaged  in  the  business  described  in  section  one 
hereof,  or  in  soliciting,  purchasing  or  receiving  any  of  the  articles 
mentioned  herein,  wear  on  the  breast  of  his  coat  in  a  conspicuous 
place,  a  metallic  badge,  which  shall  contain  in  legible,  large- 
sized  letters  and  figures,  the  words  "  Licensed  Junk  Dealer,"  and 
the  number  of  his  license. 

Former  ordinances. 

§  12.  All  ordinances  or  parts  of  ordinances  of  the  city  of  Albany 
relating  to  junk  dealers,  or  inconsistent  with  the  provisions  of 
this  ordinance,  are  hereby  repealed. 

Penalty  for  violation  of  ordinance. 

§  13.  Every  person  who  shall  violate  any  of  the  provisions  of 
this  chapter  shall  be  guilty  of  misdemeanor,  and,  upon  convic- 
tion, shall  be  punished  by  a  fine  not  exceeding  fifty  dollars  or 
imprisonment  in  the  Albany  county  penitentiary  for  a  term  not 
exceeding  six  months,  or  both  such  fine  and  imprisonment,  and 
in  addition  thereto  shall  be  liable  to  a  penalty  of  fifty  dollars 
for  each  and  every  day  any  such  provision  shall  be  violated. 


City  of  Albany.  63? 

CHAPTER  29. 

Of  Licenses  for  Places  of  Amusement. 
Definition  of  business. —  License  Fees. 

Section  1.  2so  person,  persons  or  combination  of  persons,  bar- 
ing cbarge  or  control  of  any  building  or  vacant  lot  in  the  city  of 
Albany,  or  any  part  thereof,  either  as  owner,  lessee,  agent  or 
otherwise,  shall  use  or  allow  any  other  person  or  persons  to  use 
such  building  or  any  part  thereof,  or  any  such  vacant  lot  as  a 
place  of  public  amusement  or  theater,  or  for  the  giving  of  any 
concert,  theatrical  or  musical  entertainment,  or  any  interlude, 
tragedy,  comedy,  opera,  ballet,  play,  farce,  negro  minstrelsy, 
negro  or  other  dancing  or  other  entertainment  of  the  stage,  or 
any  part  or  parts  therein,  cr  any  equestrian  circus  or  dramatic 
performance,  or  any  performance  of  jugglers  or  rope  dancing, 
acrobats,  or  any  menagerie,  panorama  or  exhibition  of  any  kind, 
whether  an  admission  fee  is  charged  or  not;  nor  shall  any  person 
or  persons  keep  any  public  hall  or  other  place  for  rent  or  use 
for  dances  or  balls,  except  a  hall  or  place  used  exclusively 
as  a  scliool  or  academy  for  instruction  in  dancing,  unless 
license  therefor  is  first  duly  obtained  in  the  manner  herein- 
before specified,  under  a  penalty  of  one  hundred  dollars  for 
eacli  and  every  performance  or  entertainment  had,  and  for 
each  and  every  day  the  same  is  so  rented  or  used  without 
such  license,  to  be  recovered  in  the  name  of  "  The  City 
of  Albany "  from  tlie  proprietor,  lessee  or  managing  agent 
of  such  theater,  public  hall,  building,  or  part  thereof,  or  vacant 
lot.  so  used  as  aforesaid,  for  the  maintenance  of  a  place 
of  amusement  as  aforesaid,  but  nothing  herein  contained  shall 
apply  to  the  armories  or  meeting  rooms  of  any  uniformed  mili- 
tary company,  furnished  witli  approved  arms,  pursuant  to  an  act 
of  the  Legislature,  by  the  Chief  of  Ordnance,  under  the  direction 
of  the  Commander-in-Chief  of  the  military  forces  of  the  State. 

Mayor  to  issue  license. 

§  2.  Licenses  for  the  keeping,  having  and  performing  of  any  of 
the  entertainments  above  enumerated,  whether  in  a  building  or 
otherwise,  may  be  granted  by  the  Mayor  in  his  discretion,  upon 
the  payment  to  him  of  the  license  fees  hereinafter  specified,  and 
upon  complying  with  the  rules  and  regulations  prescribed  by  this 
ordinance.  The  license  fee  to  be  charged  upon  the  granting  of 
such  license  shall  be  as  follows: 


638  Ordinancks  of  the 

Fees. —  Local  theatre. 

1.  For  oacLi  local  theatre  or  phicc'  ol"  imlilic  .inuiseineut  not  to 
exceed  one  hundred  dolhirs  for  a  tlu'utrical  season,  or  tifty  dollars 
per  quarter  of  a  year,  or  twenty  dollars  per  week  as  the  Mayor 
may  determine. 

Transient  performers. 

2.  For  every  transient  performance,  not  given  in  a  regularly 
licensed  theater,  public  liall  or  place  of  public  amusement,  except 
where  given  for  charitable  objects,  and  for  each  concert,  theatri- 
cal or  musical  entertainment,  minstrels,  panorama  or  exhibition 
of  any  kind  except  as  hereinafter  provided,  ten  dollars  for  each 
day,  twenty  dollars  for  each  week  or  twenty-five  dollars  for  each 
month. 

Circus,  caravan,  menagerie. 

3.  For  every  circus,  caravan,  menagerie  or  out-door  show  or 
exhibition,  three  hundred  dollars  for  each  and  every  day  open  to 
the  public,  provided,  however,  that  the  Mayor  in  his  discretion 
may  reduce  the  license  fee  required  of  such  circus,  show  or  out- 
door exhibition. 

Collection  of  fees. 

§  3.  All  moneys  collected  for  fees,  as  above  provided,  shall 
be  immediately,  after  their  receipt  as  aforesaid,  paid  to  the 
Chamberlain. 

Kevoking  license. 

§  4.  The  Mayor  may,  in  his  discretion,  after  notice  to  the  owner 
or  lessee,  suspend  or  revoke  the  license  of  any  theater  or  place 
of  public  amusement  Avhere  any  show,  play  or  exhibition  is  given 
or  is  advertised  to  be  given,  which,  in  his  opinion,  is  of  a  lewd  or 
immoral  nature.  He  may  also  refuse  to  license  any  transient 
show,  exhibition  or  entertainment,  or  may  suspend  or  revoke  the 
license  of  the  same,  whenever,  in  his  judgment,  such  show,  exhi- 
bition or  entertainment  is  of  a  lewd  or  immoral  nature.  The 
Mayor  may  upon  like  notice  revoke  such  license  when  such  place 
so  licensed  is,  in  his  opinion,  and  after  a  report  to  the  Chief  of 
the  Fire  Department  to  that  effect,  unsafe  for  the  public  gather- 
ing therein. 


City  of  Albany.  681  > 

Exits  in  case  of  fire. 

§  5.  All  exits  of  every  place  of  public  auiusemout  shall  Iw 
marked  with  the  word  "  Exit "  iu  large  letters  over  the  same, 
and  shall  be  so  constructed  as  to  be  easily  opened  by  the  audi- 
ence In  case  of  tire. 

Control  of  lights. 

§  6.  Every  theater  shall  be  so  piped  that  the  gas  can  be  shut 
off  separately  from  the  stage,  auditorium  and  lobbies,  without 
interfering  one  with  the  other. 

Automatic  sprinklers. 

§  7.  There  shall  be  such  automatic  sprinklers,  or  other  equiva- 
lent devices,  in  every  theater  as  in  tlu>  opinion  of  the  Chief  of  the 
Fire  Department  may  be  needed. 

Fire  extinguishers. 

§8.  There  shall  be  in  every  place  of  public  amusement  such 
amount  of  stand-pipes  and  hose,  and  numlnn-  of  water  pails,  axes 
and  chemical  extinguishers,  as  the  Chief  of  the  Fire  Department 
from  time  to  time  may  determine  to  be  necessary. 

No  seats  in  aisles. 

§  9.  No  portable  seats  shall  be  placed  in  the  aisles  or  passage- 
ways of  any  place  of  public  amusement. 

Employes  to  act  as  firemen. 

§  10.  No  per.son  or  persons  shall  be  employed  iu  places  of  public 
amusement  to  act  as  a  fireman  or  fir(>men.  or  have  charge  of 
apparatus  for  extinguishing  tires,  except  men  specially  approved 
for  that  purpose  by  the  Board  of  Fire  Commissioners  of  the  city 
of  Albany. 

Police. 

§  11.  There  shall  be  a  member  of  the  regular  police  force 
detailed,  for  the  purpose,  by  the  Police  Board,  stationed  in  every 
place  of  amusement  during  any  or  all  tlie  performances  when- 
ever the  Mayor  may  so  require;  the  amount  to  bo  paid  for  his 
services  to  be  fixed  and  collected  by  the  Police  Board  from  the 
owner  or  lessee  of  such  place  of  public  amusement. 


640  Ordinances  of  the 

Special  oflicer  to  keep  order. 

§  12.  No  other  persons  shall  be  employed  for  the  preservation 
of  order  in  any  theater,  except  members  of  the  regular  police 
force  or  special  police  officers  appointed  therefor  by  the  Police 
Board. 

Penalty  for  violating  ordinance. 

§  13.  Any  violation  of  any  of  the  provisions  of  this  ordinance 
ohall  be  considered  and  deemed  a  misdemeanor,  and  the  person 
guilty  thereof  shall  upon  conviction  be  subject  to  a  fine  of  not 
exceeding  one  hundred  dollars  or  imprisonment  in  the  Albany 
county  penitentiary  for  a  term  not  exceeding  thirty  days,  for 
each  offense,  in  addition  to  the  penalties  hereinbefore  prescribed. 


CHAPTER  30. 

Of  Pawnbrokers. 
Mayor  to  license. — Pee  to  be  paid  to  Chamberlain. 

Section  1.  The  Mayor  of  the  city  of  Albany  is  hereby  author- 
ized to  grant,  from  time  to  time,  under  his  hand  and  the  official 
seal  of  his  office,  to  such  citizens  as  he  may  deem  proper,  and 
who  shall  produce  to  him  satisfactory  evidence  of  tlieir  good 
character,  a  license  authorizing  such  citizen  or  citizens  to  carry 
on  the  business  of  pawnbrolier,  which  license  shall  designate  the 
house  in  whicli  such  person  sliall  carry  on  said  business,  and 
the  lengtli  of  time  for  whicli  such  license  is  issued,  provided 
sucli  person  desiring  said  license  shall  malie  application  to  said 
Mayor,  in  writng,  for  said  license,  and  shall  pay,  upon  the  issu- 
ance of  such  license,  to  the  city  of  Albany  the  sum  of  fifty  dollars 
annually. 

All  money  collected  for  such  license  shall  be  paid  to  the  CliJi  m 
berlain  of  the  city  of  Albany. 

Penalty. 

§  2.  It  shall  be  unlawful  for  any  pci-son  to  conduct  or  carry  on 
the  business  of  pawnbroker  unless  a  license  therefor  has  been 
duly  issued,  as  herein  provided.  xVny  person  violating  the  pro- 
visions of  this  section  shall  incur  a  penalty  of  twenty-five  dollars. 

Reports. 

§  3.  Every  person  carrying  on  or  conducting  the  business  of  a 
pawnbroker,  under  a  license  duly  issued  as  hereinbefore  speci- 


City  of  Albany.  641 

fled,  is  hereby  required  to  report  in  writing  daily  to  the  Chief  of 
Police,  in  such  form  as  said  Chief  of  Police  maj'  prescribe,  all 
articles  upon  which  he  has  made  loans  received  by  him  during 
the  twenty-four  hours  immediately  preceding  the  deliverj'  of  such 
report;  the  contents  of  said  report  shall  not  be  communicated  to 
any  person  for  the  purpose  of  publication,  but  shall  be  used  by 
said  Chief  of  Police  and  others  in  authority  for  the  purpose  of 
protecting  the  public  interests  and  the  detection  of  criminals. 

Penalty  for  refusal  to  report. 

§  4.  When  a  person  licensed  as  a  pawnbroker  shall  refuse  or 
neglect  to  make  the  reports  hereby  required,  or  who  shall  make 
any  false  entry  in  such  reports,  or  in  any  manner  report  falf-ely, 
or  shall  omit  to  make  a  full  and  complete  report,  he  shall  incur 
a  penalty  of  not  less  than  twenty-live  dollars  nor  more  than  one 
hundred  dollars,  for  each  and  every  such  offense. 

Bond. 

§  5.  Every  person  so  licensed  as  hereinbefore  provided  shall, 
at  the  time  of  receiving  such  license,  file  with  the  Mayor  grant- 
ing the  same,  a  bond  to  the  city  of  Albany,  to  be  executed  by  the 
person  so  licensed  and  bj-  two  responsible  sureties,  in  the  penal 
sum  of  two  thousand  five  hundred  dollars,  to  be  approved  by 
said  Mayor,  and  which  bond  shall  be  conditioned  for  the  faithful 
performance  of  the  duties  and  obligations  pertaining  to  the  busi- 
ness so  licensed,  and  the  observance  of  all  laws  and  ordinances 
relating  thereto,  and  the  Mayor  shall  have  full  power  and 
autliority  to  revoke  such  license. 

Record  of  loans,  description  of  goods  and  memorandum. 

§  6.  Everj'  pawnbroker  so  licensed  as  hereinbefore  provided, 
shall  keep  a  book,  in  which  shall  be  fairly  written,  at  the  time 
of  such  loan,  an  account  and  description  of  the  goods,  articles 
or  things  pawned,  or  pledged,  the  amount  of  money  loaned 
thereon,  the  time  of  pledging  the  same,  the  rate  of  interest  to 
be  paid  on  such  loan,  the  name  and  residence  of  the  person 
pawning  or  pledging  the  said  goods,  articles  or  things;  and  every 
such  pawnbroker  shall,  at  the  time  of  each  loan,  deliver  to  the 
person  pawning  or  pledging  any  goods,  articles  or  things,  a 
memorandum  or  note  signed  by  him,  containing  the  substance  of 
the  entry  required  to  be  made  in  his  book,  as  in  this  section  pro- 

41 


642  Ordinances  of  the 

vided,  and  no  ohnrgo  shall  be  made  or  received  by  any  pawn- 
broker for  any  such  entry,  memorandum  or  note.  The  said  l)ook 
shall,  at  all  reasonable  times  be  open  to  the  inspection  of  the 
Mayor,  all  the  judgx-s  of  the  criminal  courts,  the  Chief  of  Police 
Captains  of  Police  and  Police  Magistrates  of  the  city  of  Albany, 
or  any  or  either  of  them. 

Rate  of  interest. 

g  7.  No  pawnbroker,  licensed  as  hereinbefore  provided,  shall 
ask,  demand  or  receive  any  greater  rate  of  interest  than  three 
(3)  per  cent  per  month  or  any  fraction  of  a  month,  for  the  first 
six  (6)  mouths,  and  two  (2)  per  cent  per  month  for  each  succeed- 
ing month,  upon  any  loan  not  exceeding  the  sum  of  one  hundred 
dollars  ($100),  or  more  than  two  (2)  per  cent  per  month  for  the 
first  six  (6)  mouths  and  one  (1)  per  cent  per  month  for  each 
succecHling  month  on  any  loan  exceeding  the  sum  of  one  hundred 
dollars  ($100);  no  such  pawnbroker  shall  make  any  charge  for 
])acking,  storing,  keeping,  or  caring  for  any  article,  goods  or 
thing  pledged  and  upon  which  a  loan  has  been  made,  and  no  such 
pawnbroker  shall  sell  any  pawned  or  pledged  article  until  the 
same  shall  have  remained  one  year  in  his  possession  and  all 
such  sales  shall  be  at  public  auction  and  not  otherwise,  and  shall 
be  conducted  by  licensed  auctioneers  doing  business  in  the  city 
of  Albany. 

Notice  of  date  of  sale. 

§  8.  Notice  of  every  such  sale  shall  be  pulilishod  for  at  least  six 
days  previous  thereto  in  at  least  two  of  the  daily  newspapers 
printed  in  the  city  of  Albany,  and  to  be  designated  by  said 
Mayor,  and  such  notice  shall  specify  the  time  and  place  at  which 
such  sale  shall  take  place,  the  name  of  the  auctioneer  by  whom 
the  same  is  to  be  conducted,  and  a  description  of  the  articles  to 
be  sold.  The  surplus  money,  if  any.  arising  from  such  sale  after 
deducting  the  amount  loaned,  the  interest  due  on  the  same,  and 
the  expenses  of  the  advertisement  and  sale,  shall  be  paid  over 
by  the  paAvnbroker  to  the  person  who  would  have  been  entitled 
to  redeem  the  pledge  in  case  no  such  sale  had  taken  place. 

Revocation  of  license. 

§  9.  A  violation  of  the  provisions  of  either  of  the  foregoing  sec- 
tions, by  any  person  licensed  as  hereinbefoi-e  provided,  shall  be 
sufficient  cause  for  a  revocation  of  said  license  by  the  Mayor  as 
]irovided  in  section  five. 


CiTT  OF  Albany.  G43 

CHAPTER  31. 

Of  Venders,  Ilmckerx,  Peddlers,  and  Licensen  for  Same. 

Business     defined. —  License    fees. —  Revocation     of     license. — 
Penalty. 

Section  1.  The  Mayor  of  the  city  of  All)nuy  may.  suliject  to  the 
restrictions  hereinafter  mentioned,  grant  licenses  to  any  peddler, 
hawker  or  vender  of  any  kind  of  merchandise.  Every  such 
peddler,  hawker  or  vender  using  a  horse  and  wagon,  hand-cart 
or  other  vehicle,  boat  or  vessel,  shall,  at  the  time  of  the  granting 
of  such  license,  pay  to  the  Mayor,  for  the  use  of  the  city,  the 
sum  of  twenty-five  dollars  for  every  vehicle,  boat  or  vessel  used 
by  him  or  her  as  such  vender,  and  evei*y  other  description  of 
peddler,  hawker  or  vender  shall  pay  for  such  license  a  sum 
of  not  exceeding  twenty-five  dollars,  which  shall  not  include  the 
price  of  the  badge  as  herein  provided  for.  Before  such  license  shall 
be  granted  every  applicant  therefor  shall  report  his  or  her  resi- 
dence to  the  Mayor,  and  upon  changing  his  or  her  residence,  shall 
in  like  manner  report  his  or  her  new  residence.  The  Mayor  shall 
have  full  power  to  revoke  any  of  such  licenses.  Such  license 
shall  be  in  force  for  one  year  from  the  time  the  same  is  granted, 
and  may  be  renewed  at  the  expiration  of  each  year,  provided 
that  the  applicant  therefor  continues  in  all  things  (lualified  to 
hold  such  license;  and  upon  each  renewal  thereof  such  peddler, 
hawker  or  vender  of  the  first  class,  as  aforesaid,  using  any 
vehicle,  boat  or  vessel  shall  pay  the  sum  of  twenty-five  dollars 
in  the  manner  and  for  the  purpose  aforesaid;  and  any  such 
peddler,  hawker,  vender  or  huckster  of  any  other  description  of 
the  second  class  shall  pay  a  sum  of  not  to  exceed  twenty-five 
dollars  in  manner  and  purpose  aforesaid.  No  peddler,  hawker  or 
vender  of  any  kind  of  merchandise  shall  conduct  or  carrj'  on  any 
business  as  such  peddler,  liawker  or  vender  in  the  city  of  Albany, 
until  he  or  she  shall  have  first  obtained  a  license  in  compliance 
witli  the  provisions  of  this  section.  Any  person  violating  the  pro- 
visions of  this  section  shall,  upon  conviction,  be  punished  by  a  fine 
of  not  less  than  five  dollars  or  more  than  twenty-five  dollars,  and 
in  default  of  payment  of  such  fine,  by  imprisonment  in  the 
Alliany  county  jail  of  not  less  than  five  or  more  than  twenty-five 
days. 


644  Ordinances  of  the 

Transfer  of  license. 

§  2.  No  such  license  shall  be  transferred  by  any  person  without 
the  permission  of  the  Mayor  indorsed  thereon;  no  person  shall 
violate  the  provisions  of  this  section  under  a  penalty  of  ten  dol- 
lars for  each  offense. 

Badge  to  be  worn. 

§  3.  Every  person  licensed  according  to  the  provisions  of  this 
chapter  shall  wear  conspicuously  upon  his  or  her  left  breast  a 
badge,  of  size  sufficient  to  admit  the  number  of  his  or  her  license 
engraved  thereon,  together  with  the  word  "Vender."  Such 
badge  shall  be  in  form  such  as  shall  be  approved  by  the  Mayor, 
and  every  such  peddler,  hawker  or  vender  as  shall  be  authorized 
by  any  such  license  to  drive  or  use,  or  who  shall  drive  or  use  a 
wagon,  cart  or  other  vehicle  in  his  or  her  business  shall,  in  addi- 
tion to  wearing  such  badge  as  aforesaid,  have  the  number  of  his 
or  her  license,  together  with  the  words  "  Licensed  Vender " 
painted  upon  each  side  of  such  vehicle  in  a  conspicuous  place, 
and  the  figures  and  letters  composing  such  number  and  words 
shall  not  be  less  than  two  and  one-half  inches  in  length,  and  shall 
at  all  times  be  kept  legible.  Any  violation  of  this  section 
shall  be  punished,  upon  conviction,  by  a  fine  of  not  less  than  five 
or  more  than  twenty  dollars,  or,  in  default  in  the  payment  of 
such  fine,  by  imprisonment  of  one  day  for  each  dollar  of  said 
fine. 

Not  to  obstruct  streets,  blow  horns  or  ring  bells. 

§  4.  No  peddler,  vender  or  hawker  of  any  kind  of  merchandise 
shall  permit  any  wagon,  cart  or  vehicle  owned  or  controlled  by 
him  or  her,  to  stop,  rest  or  remain  upon,  or  in  anywise  incumber 
any  street,  alley,  avenue  or  highway,  in  the  city  of  Albany,  for  a 
longer  period  than  five  minutes,  while  engaged  in  selling  or  offer- 
ing to  sell  goods  and  receiving  pay  therefor,  and  no  peddler, 
vender,  hawker  or  other  person  or  corporation  shall  sell  or 
authorize  the  sale  of  any  fish,  meat,  vegetables  or  other  article  of 
food  or  merchandise  from  any  car  standing  upon  any  of  its  tracks 
within  tlie  city  of  Albany  or  shall  erect  any  booth  or  establish- 
ment, or  fix  any  stand  upon  or  along  any  street,  sidewalk  or  cross- 
walk, or  at  the  intersection  of  any  >such  street  or  walk,  or  upon 
any  public  grounds  in  the  city  of  Albany,  for  the  purpose  of  sell- 
ing, vending  or  exposing  or  offering  for  sale  any  goods,  wares  or 
merchandise  whatsoever;    nor  shall  any  person  be  permitted  to 


City  of  Albany.  645 

obstruct  the  street,  sidewalk  or  any  public  thoroughfare  in  said 
city,  with  barrels,  baskets,  boxes,  crates  or  any  other  vessel  or 
appliance  of  their  business  for  the  purpose  of  selling  or  exposing 
for  sale  any  goods,  wares  or  merchandise.  No  peddler,  hawker 
or  vender  sliall  cry  out  in  loud  voice,  blow  upon  or  use,  or  suffer 
to  be  blown  upon  or  usetl,  any  honi  or  any  other  instninient,  or 
ring  any  bell  or  gong,  for  the  purpose  of  giving  notice  of  the 
nppnmch  of  any  cart,  wagon  or  other  vehicle  for  the  purpose  of 
.selling  tliert'out  any  article  of  merchandise.  Any  person  violat- 
ing any  of  tlie  provisions  of  this  section  shall,  upon  conviction, 
lie  punished  by  a  tine  of  not  more  tlian  ten  dollars,  or  in  default 
of  iiaymeut  of  such  fine  by  imprisonment  of  one  day  for  each 
dollar  of  such  fine. 

To  have  correct  weights  and  measuies. 

§  5.  No  peddler,  hawker,  or  vender  wliose  wares  are  sold  l)y 
weight  or  measure  shall  be  permitted  to  sell  any  goods,  wares  or 
niercliandise,  fruit,  vegetables  or  produce  under  or  by  virtue 
of  any  license  granted  in  pursuance  of  this  article  without  first 
having  liis  or  her  scales,  measures  or  other  appliances  for  weigh- 
ing and  measuring,  inspected  by  the  Inspector  of  Weights  and 
Measures,  and  a  certificate  that  the  same  is  correct  shall  at  all 
times  be  carried  by  such  vender,  peddler  or  hawker,  and  it  shall 
be  his  duty  to  exhibit  the  same  on  demand. 

Selling  diseased  and  unwholesome  food. 

§  6.  No  peddler,  vender  or  hawker,  or  other  person,  shall  offer 
for  sale  any  diseased  or  unwholesome  meats,  fish,  poultry  or 
game,  or  any  vegetable  or  fruits,  or  other  articles  of  any  kind 
intended  for  food,  that  are  decayed  so  as  to  render  them  unfit 
for  use,  or  endanger  the  health  of  the  consumer.  Any  person 
violating  this  or  the  last  section  of  this  article  shall  be  deprived 
of  his  or  her  license  and  shall,  upon  conviction,  be  punished  by  a 
fine  of  not  less  than  ten  dollars  or  by  imprisonment  of  not  less 
than  ten  days,  or  by  both  such  fine  and  imprisonment. 

All  peddlers  to  be  licensed. 

§  7.  No  person  sliall  peddle  goods  or  produce  from  house  to 
house  without  taking  out  a  license  as  a  peddler,  hawker  or 
vender,  as  provided  in  section  one  of  this  ordinance. 


646  Ordinances  of  the 

Use  of  vehicles  permitted. — Marketmen  and  farmers  defined. 

§8.  Notliing-  in  this  ordinance  contained  sliall  bo  construed  so 
as  to  prevent  any  peddler,  hawker  or  vender  owninj,'  or  usinj;  a 
vehicle  or  vehicles  from  procurinj^  a  license  for  each  vehicle 
owned  or  controlled  by  him  or  her,  and  employing  a  person  to 
drive  or  propel  the  same,  subject,  nevertheless  to  the  provisions 
herein  contained;  nor  shall  anything  herein  contained  be  con- 
strued to  prevent  farmers  and  market  gardeners  from  driving 
their  teams  and  wagons,  or  other  veliicles,  upon  the  public 
markets  and  there  selling  country  produce,  raised  upon  farms  or 
lands  owned  or  occupied  by  them,  nor  to  the  delivery  of  the 
articles  so  sold  to  the  purchasers  at  their  respective  places  of 
residence  or  business,  and  for  such  sales  in  the  public  market 
and  delivery  to  the  purchasers  no  license  shall  be  required;  nor 
shall  anything  herein  be  construed  so  as  to  prevent  any  person 
or  persons,  corporation  or  coi-porations,  having  a  stated  place  for 
the  transaction  of  business  in  tlie  city  of  Albany,  from  soliciting 
orders  for  or  from  selling  tlieir  goods,  wares  or  merchandise 
from  their  delivery  wagons.  Tlie  words  farmers  and  market 
gardeners,  when  used  in  this  ordinance  shall  be  taken  and  con- 
strued to  mean  only  s;,uch  persons  as  shall  obtain  a  living  by 
agricultural  pursuits  and  not  by  butchering  and  selling  meats. 
Nottyng  herein  contained,  except  section  six,  shall  apply  to 
milkmen. 

Repeal  of  certain  provisions. 

§  9.  All  ordinances  or  parts  of  ordinances  inconsistent  or  in  any 
manner  conflicting  with  the  provisions  of  this  ordinance  are 
hereby  repealed. 

Fees  collected  to  be  paid  to  Chamberlain. 

§  10.  All  moneys  collected  by  or  paid  to  the  Mayor  of  the  city 
of  Albany  by  virtue  or  in  pursuance  of  section  one  of  this  chapter 
shall  immediately  thereafter  be  paid  by  said  Mayor  to  the  Cham- 
berlain of  said  city,  and  shall  be  ai^plied  by  said  Chamberlain  to 
the  credit  and  use  of  the  fund  known  as  "  street  contingents." 


City  ob  Albany. 


647 


OF   HEALTH  AND  PROPERTY. 


CHAPTER  32. 

Of  Protection  to  Health  and  Property. 
Sectiuu  1.  N<J  i'n-v  in  yard  or  out-house. 

2.  l)t'i>o.sitiug  of  hay,  t'te. 

3.  I.ights,  caucnos,  etc. 

4    Canx'iiters,  etc.,  to  n-inove  shavings. 

5.  Shavings,  etc.,  not  to  l.e  scattered  in  streets. 

6.  Unshiked  lime. 

7.  Explosive  substances. 

8.  Discharging  of  tire-works. 

9.  No  fires  to  be  kindled  in  streets,  etc. 

10.  False  alarms. 

11.  Fire  limits. 

12.  Fences. 

13.  Duty  of  Chief  of  Police. 

14.  Burning  out  chimneys. 

15.  Chief  Engineer  may  enter  buildings,  etc. 

16.  Wearing  of  tire  badges. 

17.  Penalty. 

18.  I'olice  to  take  badges. 

19.  Driving  over  hose  at  tires. 

20.  Fire  apparatus  to  have  right  of  way. 

21.  Storing  of  explosive  substances. 

22.  No  dwelling  to  contain  more  than  one  barrel. 

23.  License  to  sell. 

24.  Storing  of  explosive  substances. 

25.  Inspector  of  fluids. 

26.  Removal  of  barrels  from  streets. 

27.  Penalties. 

28.  Storing  of  hay,  straw,  etc. 

No  fire  in  yard,  or  out-house,  etc. 

Section  1    No  person  shall  make  or  keep  a  fire  in  any  yard, 
wood-house  or  other  out-house  or  building  in  this  city,  unless  in 


648  Ordinances  of  the 

some  proper  receptacle  for  fire,  communicating  witli  a  chimney, 
under  the  penalty  of  ten  dollars  for  every  offense. 

Where  hay,  etc.,  shall  not  be  put. 

§  2.  No  hay,  straw  or  other  combustible  substance  or  matei'ial 
shall  be  deposited  within  fifteen  feet  of  any  place  where  fire  or 
ashes  are  kept,  unless  such  place  be  a  close  and  secure  building, 
under  the  penalty  of  five  dollars  for  every  offense  and  the  like 
sum  for  every  twenty-four  hours  that  any  such  matter  so 
deposited  shall  remain  there;  and  if  any  such  deposit  shall  not 
be  immediately  removed  upon  notice  from  the  Chief  Engineer  or 
any  magistrate  in  this  city  to  remove  the  same,  any  captain 
or  sergeant  of  police  or  fireman  shall  remove  it  at  the  expense  of 
the  offender,  to  be  recovered  from  him  with  costs,  as  a  penalty; 
and  shall  incur  a  further  penalty  of  not  less  than  five  dollars  nor 
more  than  twenty-five  dollars. 

Lighted  candles,  etc. 

§  3.  No  lighted  candle  or  unlnclosed  lamp  shall  be  used  in  any 
stable,  or  other  place  or  building  where  hay,  straw  or  other  com- 
bustible material  shall  be  kept,  under  the  penalty  of  five  dollars 
for  every  offense. 

Carpenters,  etc.,  to  remove  shavings,  etc. 

§  4.  Every  carpenter,  joiner  or  other  meclianic,  or  person  keep- 
ing a  shop  or  other  building  wherein  chips,  shavings  or  other 
combustible  matter  may  be  contained,  shall,  under  the  penalty 
of  five  dollars  for  every  neglect  so  to  do,  at  least  once  each  day, 
('lean  and  remove  the  same  from  such  shop  or  building  and  from 
any  yard  belonging  thereto,  and  cause  the  same  to  be  securely 
stowed  in  some  safe  place  remote  from  danger  by  fire;  and  no 
lighted  candle  or  lamp  shall  be  used  in  any  such  shop  or  building 
as  aforesaid,  except  it  be  safely  inclosed,  under  the  penalty  of 
two  dollars  for  every  offense. 

Shavings,  etc.,  not  to  be  scattered  in  streets. 

§  5.  If  any  carpenter,  joiner,  cartman  or  other  person,  in  remov- 
ing any  chips,  shavings  or  other  combustible  matter  from  any 
shop,  building  or  yard,  shall  scatter  or  throw  them  in  any  street 
or  lane,  or  shall  at  any  time  direct,  permit  or  suffer  any  of  thom 
to  be  taken  to,  or  thrown  or  scattered  on  any  street  or  lane,  he 
shall,  for  every  such  off'ense,  incur  a  penalty  of  the  sum  of  five 
dollars. 


City  of  Albany.  649 


Unslaked  lime. 


§  6.  No  unslaked  lime  shall  bo  deposited  in  any  part  of  the  city, 
without  permission  in  writing  from  the  Chief  Engineer  of 
the  Fire  Department,  under  the  penalty  of  ten  dollars  and 
a  further  penalty  of  five  dollars  for  every  twenty-four  hours 
it  shall  remain  within  tlie  limits  aforesaid.  And  it  shall  be  law- 
ful for  the  Chief  Engineer  or  any  magistrate  to  cause  tlie  same 
to  be  removed  to  a  place  of  safety,  at  the  expense  of  the  offender, 
recoverable  against  him  by  action  of  debt  with  costs  of  suit  as 
a  penalty. 

Explosive  substances. 

§  7.  It  sliall  )je  tlie  duty  of  tlie  Mayor,  or  Board  of  Fire  Com- 
missioners of  the  Fire  Department,  subject  to  the  decision  of  the 
Mayor: 

Notice  to  remove. — Compulsory  removal. 

1.  Whenever  any  article,  material  or  substance,  stored,  placed 
or  kept  within  the  city  limits,  shall  be  deemed,  by  the  Mayor  or 
Board  of  Fire  Commissioners,  to  be  dangerous  to  persons  or 
property  on  account  of  its  liability  to  fire  or  explosion  or  other- 
wise, within  the  city,  to  notify  in  writing  the  person  or  persons, 
or  any  one  of  them  having  the  pos.session  or  control  thereof, 
forthwith  to  remove  the  same  to  some  place  without  the  city,  or 
to  such  safe  place  or  places  within  the  city  as  the  Mayor  shall 
designate.  If  such  person  or  persons  shall  be  unknown,  or  can- 
not be  found  upon  the  premises  where  the  same  is  kei)t  or  stored, 
or  shall  fail  forthwith  to  remove  the  same  after  receiving  such 
notice,  it  shall  be  lawful  for  either  said  Mayor  or  Board  of  Fire 
Commissioners,  or  any  person  authorized  by  him  or  them,  to 
enter,  in  the  daytime,  into  any  dwelling-house,  store,  stable  or 
other  building  or  inclosure,  or  sloop,  vessel  or  other  jilace  or 
places  Avhatsoever  within  the  city  limits,  where  the  same  may 
be,  and  remove  the  same  to  such  place  or  places  as  the  Mayor 
may  designate. 

Vessels  containing  inflammable   and   explosive   substances. — 
Removal  of. 

2.  He  or  they  shall  give  such  orders  and  directions  toucliing 
the  lying,  fastening  and  berths  of  any  vessel  whatever,  having 
on  board  any  gunpowder  or  other  combustible  materi:ils.  dan- 
gerous in  causing  or  promoting  fires,  as  he  or  they  think  con- 


650  Ordinances  of  the 

tlucivo  to  safety;  or  direct  such  vessel  to  lie  iu  the  stre:nii,  at 
such  distance  from  auy  wharf  as  he  or  they  shall  thiuk  proper; 
or  direct  such  gunpowder,  hay  or  other  conibustibh!  material  to 
be  removed  to  a  place  of  safety,  aud  if  auy  such  order  is  not 
forthwith  complied  with,  he  or  they  may,  witli  the  aid  of  any 
policeman  or  member  of  the  Fire  Department  or  other  person, 
remove  the  same  to  such  place  as  the  Mayor  may  designate. 

Storage  of  gunpowder. 

3.  He  or  they  shall  see  that  all  gunpowder,  kept  or  stored  in 
the  city  (except  in  the  powder  house),  shall  be  secured  in  iron, 
glass  or  other  secure  vessel,  or  canister;  but  no  gunpowder, 
exceeding  thirty  pounds,  shall  be  in  any  one  place  in  said  city 
(except  the  powder  house)  and  any  gunpowder,  in  excess  of 
thirty  pounds,  may  be  removed  to  such  place  as  the  Mayor  may 
designate. 

Penalties. 

4.  Any  person  or  persons  failing  to  remove  the  material  or 
substance,  as  provided  in  subdivision  one  of  this  section,  shall 
severally  incur  a  penalty  of  the  sum  of  twenty-five  dollars  for 
every  twenty-four  hours'  neglect  so  to  do;  or  shall  resist  or 
prevent,  or  attempt  to  resist  or  prevent  any  removal  of  such 
explosive  substance  or  substances,  shall  incur  a  penalty  of  the 
sum  of  twenty-five  dollars;  and  any  person  or  persons  who  shall 
neglect  or  refuse  to  obey  the  directions  or  orders  given  as  pro- 
vided in  subdivision  two  of  this  section,  shall  severally  incur  a 
penalty  of  the  sum  of  fifty  dollars.  Auy  person  or  persons 
violating  the  provisions  of  subdivision  three  of  this  section,  sliall 
severally  incur  a  penalty  of  the  sum  of  twenty-five  dollars  for 
each  day's  violation  thereof.  Any  expense  incurred  seizing, 
removing,  watching  or  storing  any  article  or  property  mentioned 
in  this  section,  may  be  recovered  as  a  penalty  from  the  owner 
or  possessor  of  such  article  or  property. 

Discharging-  of  fireworks,   etc. — Firing  cannon,   etc. 

§  8.  It  shall  not  be  lawful  for  any  person  to  fire  or  set  off  any 
gunpowder,  squib,  rocket  or  firework,  or  to  fire  any  cannon,  gun 
or  pistol  in  any  part  of  the  city;  and  any  person  offending  in 
the  premises  by  firing  any  cannon,  shall  incur  a  penalty  of  not 
less  than  five  nor  more  than  twenty-five  dollars;  and  for  firing 
any  gun  or  j)istol,  gunpowder,  s(iuib,  rocket  or  any  firework,  as 


City  of  Albany.  (351 

aforesaid,  the  sum  of  two  dollars;  provided,  tliat  uo  penalty 
shall  be  incurred  for  firing  of  any  cannon  or  gun  on  board  of 
any  vessel  in  the  stream  of  the  Hudson  river,  if  the  same  be  fired 
in  a  direction  from  the  said  city,  or  at  such  a  distance  therefrom 
as  to  be  free  from  danger.  This  section  shall  not  l)e  operative  or 
in  force  upon  the  day  set  apart  for  the  celebration  of  the  anni- 
versary of  the  Declaration  of  tlie  Independence  of  the  United 
States. 

No  fires  to  be  kindled  in  streets,  etc. 

S  9.  Xu  person  .shall  kindle  any  tire  or  furnish  materiaLs  for 
any  fire,  nor  in  any  way  authorize  or  allow  any  fire  to  be  made, 
or  in  any  manner  aid  or  assist  in  making  any  lire  in  any  street, 
square,  lane  or  alley,  or  on  any  M'harf  or  dock,  or  on  any  vacant 
lot  in  this  city,  under  the  penalty  of  not  exceeding  ten  dollars 
for  every  offense. 

Barrels,  etc.,  having  contained  petroleum,  etc.,  not  to  be  kept 
on  streets. — Nor  near  buildings. 

1.  No  barrels,  casks  or  packages  exceeding  fifty  in  number, 
which  may  have  contained  earth  or  rock  oil,  petroleum,  kerosene, 
benzine,  benzole,  or  naphtha,  or  any  other  articles,  the  products 
of  the  articles  above  enumerated,  shall  be  kept  or  stand  in  oi- 
upon  any  of  the  streets  or  lanes,  or  on  the  sidewalks  in  the  city 
of  Albany,  by  any  dealer  in  the  oils  above  mentioned  or  by  any 
otlier  person;  nor  shall  any  such  casks  or  packages,  in  excess  of 
tlie  number  above  stated,  be  kept  by  any  dealer  or  any  other 
person,  or  stand  in  or  upon  any  yard  or  lot.  or  witliin  any  build- 
ing, structure  or  inclosure,  within  one  hundred  feet  of  any 
building  or  structure  in  said  city. 

May  be  removed  by  Mayor  or  Board  of  Fire  Commissioners. 

2.  Any  barrel,  cask  or  package  kept,  placed  or  stored,  in  viola- 
tion of  the  foregoing  provision,  shall  be  removed  upon  the  order 
or  direction  of  the  Mayor  or  Board  of  Fire  Commissioners;  and 
tlie  person  having  placed  or  caused  to  be  placed,  or  owning  or 
having  control  of  said  barrels,  packages  and  casks,  who  shall 
neglect  or  refuse  to  remove  said  barrels,  packages  or  casks,  upon 
such  notice,  shall  forfeit  a  penalty  of  one  dollar  per  day  for 
every  barrel  so  kept  or  placed  and  not  removed. 


652  Ordinances  of  the 

False  alarms. 

§  10.  Auy  person  who  shall  make,  aid,  couuteiiauce  or  assist  in 
making  any  false  alarm  of  fire,  or  who  shall  operate  or  use  any 
call  of  the  Police  signal  apparatus  without  occasion  therefor, 
sliall  forfeit  for  every  offense,  a  sum  not  less  tlian  five  nur  more 
tliau  twenty-five  dollars,  in  addition  to  auy  other  penalty 
imi)osed  by  law. 

Erection  of  wooden  buildings. — Fire  limits. 

§  11.  No  wooden  building  or  buildings  covered  wliolly  or  par- 
tially with  wood  (except  as  otlierwise  provided  by  the  laws  of 
the  State  in  relation  to  tlie  erection  of  Avoudeu  buildiugs  in  tlie 
city  of  Albany)  shall  liereafter  be  erected  iu  any  part  of  the  city 
of  Albany,  included  in  the  following  limits,  namely:  Commenc- 
ing at  the  east  range  of  the  dock  in  the  center  of  Clierry  street, 
and  running  thence  west  along  the  center  of  Cherrj^  street  to  the 
center  of  Broadway;  thence  northerly  along  tlie  center  of  Broad- 
way to  the  center  of  Schuyler  street,  and  running  thence  west- 
erly along  the  center  of  Schuyler  street  to  the  center  of  Clinton 
street;  thence  along  the  center  of  Clinton  street  to  the  center  of 
Delaware  street;  thence  westerly  along  the  center  of  Delaware 
street  to  the  center  of  Elizabeth  street;  thence  along  the  center 
of  Elizabeth  street,  northerly,  to  the  center  of  Warren  street; 
thence  through  the  center  of  Warren  street  to  tlie  center  of 
Philip  street;  thence  through  the  center  of  Philip  street  to  the 
center  of  Park  avenue;  thence  through  the  center  of  Park  ave- 
nue to  the  center  of  High  street;  thence  through  the  center  of 
High  street  to  the  center  of  Myrtle  avenue;  thence  westerly 
along  the  center  of  Myrtle  avenue  to  the  center  of  Hawk 
street;  thence  through  the  center  of  Hawk  street  to  a  point 
two  hundred  feet  south  of  the  center  of  Elm  street;  thence 
westerly  and  parallel  with  the  center  of  Elm  street  to  the 
center  of  Dove  street;  thence  northerly  through  the  center 
of  Dove  street  to  the  center  of  Elm  street;  thence  Avesterly 
through  the  center  of  Elm  street  to  the  center  of  DelaAvare 
avenue;  thence  northerly  along  the  center  of  Delaware  avenue 
to  a  point  one  hundred  feet  south  of  Madison  avenue;  thence 
westerly  and  parallel  with  IMadison  avenue  and  one  huiidn'd 
feet  southerly  therefrom  to  a  point  one  hundred  feet  east  of  the 
east  line  of  Knox  street;  thence  southerly  and  parallel  with  the 
east  line  of  Knox  street  and  one  hundred  feet  easterly  to  a  point 
one  hundred  feet  south  of  the  south  line  of  Morris  street;    thence 


City  of  Albany.  653 

wcsti'i'ly  and  parulli'l  with  Morris  street,  and  one  hundred  feet 
southerly  therefrom,  to  a  point  one  hundred  feet  west  of  the 
west  line  of  Knox  street;  thence  northerly  and  parallel  with 
the  west  line  of  Knox  street  to  a  point  one  hundred  feet  sotith 
of  the  south  line  of  Madison  avenue;  thence  westerly  and 
parallel  with  Madison  avenue  and  one  luindred  feet  southerly 
therefrom  to  the  center  of  Quail  street;  thence  northerly  along 
the  center  of  Quail  street  to  a  point  one  hundred  feet  north  of 
Madison  avenue;  thence  easterly  and  parallel  with  the  north 
line  of  Madison  avenue  and  one  hundred  feet  northerly  there- 
from to  a  point  one  htindred  and  sixty-tive  feet  west  of  Lake 
avenue;  thence  northerly  and  parallel  with  Lake  avenue  to  a  line 
north  of  and  parallel  with  Western  avenue  and  distant  one  hun- 
dred feet  tlierefrom;  thence  easterly  and  parallel  with  Western 
avenue  to  a  point  four  hundred  and  twenty-five  feet  west  of 
Englewood  place;  thence  north  to  and  through  the  center  of 
Robin  street  to  a  point  one  hundred  feet  north  of  Central  avenue; 
thence  easterly  along  the  line  parallel  with  Central  avenue  and 
one  hundred  feet  northerly  therefrom  to  the  center  of  Lark 
street;  thence  northerly  along  the  center  of  Lark  street  to  the 
center  of  Elk  street;  thence  along  the  center  of  Elk  street  to 
the  center  of  Swan  street;  thence  along  the  center  of  Swan  street 
to  the  center  of  Orange  street;  thence  westerly  along  the  center 
of  Orange  street  to  the  center  of  Dove  street;  thence  along  the 
center  of  Dove  street  to  a  point  sixty-five  feet  south  of  Clinton 
avenue;  thence  westerly  on  a  line  parallel  with  Clinton  avenue 
to  a  point  opposite  the  center  of  Judson  street;  thence  north- 
erly to  a  point  one  hundred  and  thirty-two  feet  north  of  Clinton 
avenue;  thence  easterly  and  parallel  with  Clinton  avenue  to  a 
point  one  hundred  feet  west  of  Swan  street;  thence  north  and 
parallel  with  Swan  street  to  a  point  one  hundred  feet  north  of 
Livingston  avenue;  thence  east  and  parallel  with  Livingston 
avenue  to  the  center  of  Ten  Broeck  street;  thence  northerly 
along  the  center  of  Ten  Broeck  street  to  the  center  of  Colonic 
street;  thence  northerly  and  parallel  with  North  Pearl  street  to 
the  north  bounds  of  the  Eighth  Ward  and  center  of  Patroon's 
creek;  thence  easterly  and  along  the  said  north  bounds  of  the 
Eighth  Ward  and  the  center  of  Patroon's  creek  to  the  Hudson 
river;  thence  southerly  outside  of  the  pier  and  dock  to  the  place 
of  beginning. 


654  Ordinances  of  the 

Fences. 

§  12.  No  board  or  wood  fonce  over  eight  feet  liish  shall  be 
erected  in  the  above  limits. 

Duty  of  Chief  of  Police. 

§  13.  It  shall  be  the  duty  of  the  Chief  or  Superiuteudent  of 
Police  to  require  the  captains  of  each  police  district  to  report  to 
liiui  every  instance  of  the  commencement  of  the  construction  of 
a  new  building,  or  the  alteration  or  repair  of  an  ol<l  building  or 
buildings;  and  when  such  report  sliall  be  received,  the  said  Chief 
or  Superintendent  of  Police  shall  immediately  transmit  the  same 
to  the  Chief  Engineer  of  said  Fire  Department. 

Burning  out  chimneys. 

S  14.  No  person  shall  be  allowed  to  burn  out  any  chimney 
within  tlie  lire  limits,  except  on  rainy  days,  and  then  only  by 
])erniissiou  of  the  Chief  Engineer  or  one  of  the  Assistant  Engi- 
neers of  the  Fire  Department,  under  the  penalty  of  five  dollars 
for  each  offense. 

Chief  Engineer  may  enter  buildings. 

§  15.  Tlie  Chief  Engineer  of  ine  Fire  Department  shall  have 
the  right,  under  the  direction  of  the  Mayor,  to  enter,  between  the 
hours  of  nine  A.  M.  and  five  P.  M.,  any  dwelling,  store,  lumber 
j^ard,  stable,  manufacturing  establishment  or  building,  for  the 
purpose  of  examining  its  condition  with  respect  to  liability  to 
accidents  from  fire. 

Wearing  of  Fire  Department  badges,  buttons  or  insignia. 

§  16.  It  is  hereby  made  unlawful  for  any  person  to  wear  the 
badge,  buttons,  insignia  of  the  Fire  Department,  as  designated 
and  adopted  by  the  Board  of  Fire  Commissioners,  except  by  per- 
mission of  said  boai'd  ot  commissioners. 

Penalty. 

§  17.  Any  person  violating  the  provisions  of  the  foregoing  sec- 
tion shall  be  liable  to  a  penalty  of  not  less  than  two  dollars,  nor 
more  than  ten  dollars. 

Police  to  take  badges,  etc. 

§  18.  Tt  is  hereby  made  the  duty  of  the  police  of  the  eity  of 
Albany  1o  take  from  any  pei-son  holding  the  same  the  badge  of 


City  of  Albany,  g55 

the  department  as  heretofore  in  use,  and    return    the    same    to 
lieadquarters. 

Driving  over  hose  at  fires. 

§  19.  Xo  person  shall  drive  any  vehicle  over  any  hose  stretched 
or  laid,  or  heiuj^-  stretched  or  laid,  at  any  fire  or  alarm  of  fire  in 
the  city  of  Albany,  under  a  penalty  of  ten  dollars  for  every 
offense. 

Fire  apparatus  to  have  right  of  way  to  a  fire. 

'i  20.  The  apparatus  of  the  Fire  Department  shall  have  the 
rij^ht  of  way  in  and  upon  the  streets,  lanes,  alleys.  s(iuares.  rail- 
road crossings  and  wharves  of  the  city  in  going  to  any  fii-e  or 
being  upon  such  streets,  lanes,  alU'ys.  squares  or  wharves  in  pur- 
suance of  an  alarm  of  fire. 

Penalty  for  obstructing. 

No  person  shall  obstruct,  or  neglect  or  refuse  to  make  way  for 
any  of  such  apparatus  being  thus  in  or  upon  any  of  the  said 
streets,  lanes,  alleys,  squares  or  wharves  under  a  penalty  of 
twenty-five  dollai's  for  everj'  offense. 

Storing  of  explosive  substances. — Storing  within  corporation 
limits. 
§  21.  No  crude  or  refined  petroleum,  kerosene,  gasoline, 
naphtha  or  benzine,  benzole,  camphene,  or  burning  fluid,  or 
products,  or  compounds  containing  any  such  substances,  shall  be 
kept  or  stored  in  anj'  building  within  the  coi^porate  limits  of  the 
city  of  Albany,  exceeding  fifty  barrels;  nor  shall  such  oils  or 
fluids  be  kept  in  auj'  tank  or  reservoir,  either  above  or  below 
ground:  nor  shall  any  of  the  oils  named  above  be  allowed  to 
remain  in  cars,  or  tanks  on  cars,  within  the  corporate  limits  of 
the  city,  excepting  said  oils  be  consigned  to  persons  doing  busi- 
ness in  said  city;  nor  shall  oils  so  consigned  be  allowed  to  remain 
in  said  car  or  cars,  car-tank  or  tanks,  within  the  corporate  limits 
of  said  city  for  a  greater  length  of  time  than  forty-eight  hours, 
excepting  that  manufacturers,  using  said  fluids  or  oils  in  the 
production  of  their  goods,  and  not  for  sale,  may  keep  fifty  barrels 
in  an  isolated  building,  constructed  especially  with  a  view  to 
safety,  to  be  approved  by  the  "  Board  of  Fire  Commissioners." 
And,  further,  be  it  provided  that  no  oils  hereinbefore  enumer- 
ated, below  the  standard  of  one  hundred  degrees  Fahrenheit,  or 
one  hundred  and  ten  degrees  fire  test,  shall  be  kept  or  stored 


656  Ordinances  of  the 

within  tlic  corporate  limits  of  the  city,  by  any  dealer  or  any 
other  person,  in  any  building,  storehouse,  manufactory,  or  other 
structure  or  iuclosure,  or  on  any  lot,  yard,  street,  lane  or  alley, 
excepting  for  manufactui'ing  purposes,  as  herelul)efore  pro- 
vided, in  any  greater  quantity  than  one  barrel. 

No  dwelling  to  contain  more  than  one  barrel. 

S  22.  No  fluids  or  oils  of  the  character,  nature  and  description 
recited  in  the  twenty-sixth  section  hereof  shall  be  stored  or  kept 
in  a  greater  quantity  than  one  barrel  in  any  building  occupied  in 
any  part  thereof  as  a  dwelling;  and  no  lluid  or  oils,  as  above 
described,  shall  be  drawn  from  any  barrel,  package,  cask  or 
other  receptacle  in  which  they  may  be  contained,  after  or  during 
candle  light. 

License  to  sell  to  be  obtained. 

§  23.  No  person  shall  sell  at  retail  any  kerosene,  or  other  pro- 
duct of  petroleum,  or  any  of  the  fluids  or  oils  enumerated  in  the 
twenty-sixth  section  hereof,  to  be  used  for  heating,  illuminating 
or  other  purposes,  without  first  obtaining  a  license  therefor  from 
the  said  Board  of  Fire  Commissioners,  under  the  rules  and  regu- 
lations herein  and  hereby  prescribed,  which  license  shall  be  for 
one  year,  and  shall  not  be  transferable.  Said  license  shall  be 
posted  in  a  conspicuous  place  in  the  store  or  place  of  business  of 
the  person  or  persons  to  whom  the  same  is  issued,  and  may  be 
revoked  for  cause  by  said  comiuissioners. 

Storing  of  explosive  substances. 

§  24.  No  crude  or  refined  petroleum,  kerosene,  gasoline,  naptha 
or  benzine,  benzole,  camphene  or  burning  fluids,  or  products  or 
compounds  containing  any  such  substances  which  shall  emit  an 
inflammable  vapor  at  a  temperature  below  one  hundred  and  fifty 
degrees  Fahrenheit,  or  one  hundred  and  ten  degrees  fire  test, 
shall  be  kept  or  stored  within  the  corporate  limits  of  said  city 
of  Albany,  excepting  as  provided  in  section  twenty-seven  hereof. 

Mayor  to  nominate  an  inspector  of  fluids. 

S  25.  The  Mayor  shall  nominate  (as  he  does  other  city  officers) 
an  inspector  of  the  fluids  and  oils  recapitulated  in  the  foregoing 
sections  whose  duty  it  shall  be  to  inspect  each  and  evei-y  barrel 
and  package  of  said  fluids  or  oils  sold  by  dealers  therein  for  the 
purpose  of  resale  within  the  corporate  limits  of  said  city,  before 


City  of  Albany.  657 

the  .same  shall  be  offered  for  sale  by  said  dealer;  and  he  shall 
brand  every  barrel  or  package  with  his  inspection  and  test 
marks,  and  furnish  the  person  or  persons  owning  said  barrels  or 
packages,  or  the  person  or  persons  to  whom  they  may  be  con- 
signed, a  certificate  of  such  inspection.  The  inspection  fees, 
which  shall  l>e  fixed  by  tne  Board  of  Fire  Commissioners,  shall 
in  all  cases  be  paid  l)y  the  person  or  persons  owning  said  barrels 
or  packages,  or  the  person  or  persons  to  whom  they  may  be  con- 
signed, and  in  no  case  shall  the  city  be  held  responsible  for  any 
fees  accruing  to  said  inspector. 

Mayor  empowered  to  cause  removal  of  barrels  from  streets. 

§  26.  In  case  anj-  casks  or  packages,  exceeding  fifty  in  number, 
which  may  have  contained  earth  or  rock  oil,  petroleum,  benzine, 
benzole  or  najihtha,  or  any  other  article  the  products  of  the 
articles  above  mentioned,  shall  be  kept  or  stand  in  any  of  the 
streets  or  lanes,  or  on  the  sidewalks  in  this  city,  or  in  case  any 
such  casks  or  packages  be  kept  in  or  upon  any  yard  or  lot,  or 
within  any  building,  structure  or  iuclosure  within  one  hundred 
feet  of  any  building  or  structure  in  said  city,  and  the  owner 
thereof  shall  neglect  or  refuse  to  remove  the  same  after  reason- 
able notice  to  do  so,  such  notice  to  be  given  as  the  Mayor  may 
direct,  the  Mayor  may  order  the  same  to  be  removed  to  some 
suitable  or  safe  place  or  places,  and  at  the  expense  of  the  owner 
thereof. 

Penalties. 

§27.  Any  person  or  persons  violating  any  of  the  preceding 
twenty-sixth,  twenty-seventh,  thirtieth  or  thirty-first  sections 
sliall  l)e  deemed  guilty  of  a  misdemeanor,  and  be  liable  to  a 
penalty  of  fifty  dollars  for  each  and  every  offense. 

Hay  and  straw  in  greater  quantities  than  ten  tons  not  to  be 
kept  within  certain  limits. 
S  28.  It  shall  not  l)e  lawful  for  any  person  to  have,  store,  keep 
or  to  permit  the  having,  storing  or  keeping  of  hay  or  straw  in 
quantities  greater  than  ten  tons  of  either  at  any  one  time,  at  any 
place  or  in  or  upon  any  premises  in  the  city  of  Albany,  within 
the  territory  boimded  by  the  Hudson  river  on  the  east,  Lark 
street  on  the  west,  Livingston  avenue  on  the  north  and  Madison 
avenue  on  the  south.  The  owner  or  occupant  of  any  premises 
within  the  boundaries  aforesaid,   upon  which  hay  or  straw  in 

42 


658  Ordinances  of  the 

greater  qnnntities  than  ten  tons  of  either,  shall  at  any  one  lime 
be,  or  be  had,  stored  or  kept,  shall  be  subject  to,  and  shall  incur 
a  penalty  of  one  hundred  dollars  for  every  day  on  which  tlie 
same  shall  occur. 


CHAPTER  33. 

Of  ISduitdry  OrdiiKiirccs. 
Section  1.  Exposure  of  dead  bodies. 

2.  Burials  in  cases  of  contagious  diseases. 

3.  Corpses,  how  interred. 

4.  No  burials  east  of  Ontario  street. 

5.  Privies. 

6.  Emptying  of  straw  beds,  etc.,  in  streets. 

7.  Vessels  for  oysters. 

8.  Hides  not  to  be  hung  from  windows. 

9.  Potteries,  slaughter-houses,  etc. 

10.  Washing  sheepskins,  etc. 

11.  Dogs  to  be  muzzleci. 

12.  Limits  for  keeping  swine,  etc. 

13.  Cleaning  of  fresh  fish. 

14.  Sturgeon  to  be  skinned  before  sold. 

15.  Offal  to  be  destroyed. 

16.  Removal  of  dead  carcases. 

17.  Putrid  meat,  fish,  etc. 

18.  Contents  of  privies. 

19.  Unclean  yards. 

20.  Buildings  in  alleys. 

21.  Limits  for  slaughtering  cattle. 

22.  Cotton-wood  trees. 

23.  Urinals  and  water-closets. 

24.  Penalty. 

25.  Diseased  cattle. 

26.  Casting  of  dead  animals  in  streets. 

27.  Depositing  of  dead  animals. 

28.  Expense  of  removing  dead  animals. 

29.  Offal  not  to  be  thrown  in  privies. 

30.  Contents  of  privies  not  to  be  buried  in  yards. 

31.  Connecting  of  privy  drains  with  street  drains. 

32.  Privies  to  be  water  tight. 

33.  Permits  for  dead  bodies. 

34.  Ice  used  on  bodies  not  to  be  thrown  in  street. 

35.  Stench  traps. 

36.  Penalty. 


City  of  Albany.  (359 

Dead  body  or  coffin  not  to  be  exposed. 

Section  1.  No  itcrsoii.  wiiilo  making  a  grave  or  interring  a  dead 
body,  shall  remove,  disturb  or  expose  any  dead  body  or  coffin, 
under  the  penalty  of  twenty-five  dollars  for  each  offense. 

Burials  in  cases  of  death  from  contagious  diseases. 

S  2.  Every  person  who  shall  die  within  the  city  of  Albany,  of 
small-pox  or  other  contagious  disease,  shall  bo  buried  within 
twenty-four  hours  after  such  death;  and  the  funeral  and  burial 
of  every  such  person  shall  be  so  conducted  1>y  those  taking 
charge  thereof,  and  having  to  do  therewith,  that  no  person  shall 
be  unnecessarily  exposed  to  the  disease  with  which  such  person 
shall  have  died. 

Penalty. 

1.  Any  person  who  shall  have  the  custody  of,  charge,  care  or 
control  of  the  body,  or  funeral,  or  burial  of  any  person  having 
died  of  any  contagious  disease,  and  who  shall  neglect  or  refuse 
to  comply  with,  or  violate  the  provisions  of  this  section,  shall 
incur  a  penalty  of  twenty-five  dollars  for  each  offense. 

Corpses,  how  interred. 

§  3.  No  person  shall  inter  any  corpse  in  any  cemetery  or  bury- 
ing-ground  in  the  city,  without  the  consent  of  the  owners  or  the 
person  having  charge  of  the  same,  previously  obtained;  nor  shall 
any  person  inter  any  coi-pse  in  any  cemetery  or  other  place  in 
the  city,  unless  in  vaults,  or  graves  at  least  six  feet  deep;  and 
any  person  violating  either  of  the  provisions  of  this  section  shall 
be  liable  to  a  penalty  of  five  dollars. 

No  one  to  be  buried  east  of  Ontario  street, 

§  4.  Any  person  who  shall  deposit  any  corpse  in  any  public  or 
private  vault  in  the  city  of  Albany,  east  of  Ontario  street,  or  shall 
suffer  the  same  to  remain  in  such  vault,  shall  incur  a  penalty 
for  each  offense,  the  sum  of  twenty-five  dollars,  and  twenty-five 
dollars  for  every  day  such  corpse  is  allowed  to  remain  in  such 
vault. 

Privies. 

§  5.  No  privy  vault  or  privy  shall  be  erected  or  maintained  at 

a  distance  less  than    thirty    inches    from    any    partition  fence. 

•adjoining  lot  or  dwelling,   unless  otherwise  specially  permitted 


660  Ordinances  of  the 

by  the  Board  of  Health;  and  any  person  violating  any  of  the 
provisions  of  this  section,  or  who,  having  authority  to  remove  it, 
shall  suffer  and  allow  it  to  remain  after  having  been  notified  by 
the  Board  of  Health,  Health  Inspector,  Street  Commissioner,  or 
Street  Superintendent  to  remove  the  same,  shall  incur  a  penalty 
of  the  sum  of  ten  dollars  for  each  and  every  day  the  violation  or 
refusal  is  continued. 

Straw  bed,  or  ashes,  etc.,  not  to  be  thrown  on  streets,  etc. — 
Carpets  not  to  be  shaken  in  streets. 

§  6.  No  person  shall  hereafter  empty  any  straw  bed  or  throw 
any  ashes,  refuse  of  coal  or  vegetables,  or  any  substance,  upon 
any  vacant  lot,  street,  lane,  square  or  park  or  into  any  drain, 
pond  or  stream  of  water  in  the  city  of  Alljany;  and  no  person 
shall  sliake,  dust  or  beat  any  carpet  in  or  upon  any  vacant  lot, 
street,  lane,  alley,  square  or  park  in  the  city  east  of  Robin  street, 
north  of  Schuyler  street,  or  south  of  North  Ferry  street,  under  a 
penalty  of  not  less  than  two  nor  more  than  ten  dollars  for  each 
offense. 

Vessels  for  oysters,  etc. 

§  7.  Every  vessel  used  for  the  transportation  of  oysters. 
clams,  or  other  shell  fish,  intended  for  sale  in  this  city  or  else- 
where, shall,  while  discharging  its  cargo,  be  stationed  at  the 
dock  or  wharf  south  of  the  south  line  of  Maiden  lane  and 
north  of  Herkimer  street;  and  for  every  violation  of  the  law  the 
offender  shall  incur  a  penalty  of  five  dollars. 

Hides,  etc.,  not  to  hang  from  windows,  etc. 

§  8.  No  person  shall  cast  any  hide  or  skin,  tanned  or  untanned. 
out  of  any  door  or  window  of  any  building,  or  cause  the  same 
to  be  hung,  suspended  or  laid  on  any  post  or  elsewhere,  in  any 
street,  or  lay  or  pile  any  hide  or  hides,  skin  or  skins,  in  or  upon 
any  street,  under  a  penalty  of  one  dollar  for  each  offense;  except 
that  hides  and  skins  may  be  laid  in  piles  in  the  market,  not 
later,  however,  than  eleven  o'clock  in  the  forenoon;  at  whicli 
hour  they  must  be  removed. 

Potteries,     soap    factories,     slaughter-houses,     etc.,     may     be 
removed. 
§  9.  Any  pottery,  brick-kiln,  smoke-house,  soap  or  candle  manu- 
factory, slaughter-house,  bone-boiling    or    bone-black    establish- 
ment, or  auj-  manufactory  whicli  shall  be  noxious,  injurious  or 


City  of  Albany,  661 

uuwliolosoiue,  ill  tlio  opiuiou  of  the  Board  of  Health,  shall  be 
cousidered  a  uuisauce,  aud  shall  be  removed  or  abated,  iii»()ii 
reasonable  notice  given  by  tlie  Inspector  of  the  Board  of  Health; 
aud  if  the  nuisance  shall  contiuue  after  the  time  specified  in  the 
notice,  the  person  or  persons  so  continuing  the  same  shall  incur 
a  penalty  of  twenty-five  dollars  for  each  day's  continuance  after 
such  notice  to  remove  or  abate. 

Washing  sheepskins,  etc.— Slaughter-houses. 

§  10.  No  person  shall  wash  any  sheepskins  or  other  skins  in 
the  basin  south  of  Lawrence  street,  nor  at  any  place  in  the  Hud- 
son river  between  Hamilton  and  South  Ferry  streets,  nor  cast 
or  throw  into  tlie  basin  or  river,  within  the  limits  above  men- 
tioned, any  offal  from  any  slaughter-liouse,  nor  any  dead  carcass, 
nor  any  putrid  or  unwholesome  matter  or  substance,  under  the 
penalty  of  twenty-five  dollars. 

Dogs  to  be  muzzled. 

§11.  No  dog  sliall  be  suffered  to  go  at  large  in  the  city  of 
Albany  between  the  first  day  of  July  and  the  first  day  of  Sep- 
tember, in  any  year,  unless  properly  and  securely  muzzled,  under 
the  penalty  of  five  dollars,  to  be  paid  by  the  owner  or  possessor 
of  said  dog;  wliich  penalty,  when  recovered,  shall  be  paid  to 
the  person  on  whose  information  the  conviction  is  obtained;  and 
any  person  may  kill  any  dog  or  dogs  so  running  at  large,  between 
the  days  aforesaid,  not  being  muzzled  as  aforesaid. 

(As  amcmk-d  April  20,  1885.) 

Swine,  goats  and  cows  not  to  be  kept  within  certain  limits.— 

Police    and    Inspector    of    Board    of    Health    may    enter 

premises. 

§  12.  No  person  or  persons    shall    hereafter    keep    any    swine, 

goats,  or  more  than  one  cow,  except  by  the  permission  of  tlie 

Board  of  Health,  whether  the  same  shall  be  confined  in  pens  or 

otherwise,  at  any  place  or  places  in  the  city  of  Albany.  Avithin 

the  territory  contained  in  the  following  boundaries:   Commencing 

at  a  point  on  Warren  street  where  the  same  is  intersected  by 

I'artridge  street,  and  running  thence  on  a  line  down  Warren 

street   to   the  Delaware   turnpike;    thence  along  the   Delaware 

turnpike  to  Morton  street;   thence  along  Morton  street  to  Hawk 

street;    thence  to  Second  avenue;    thence  to  South  Tearl  street; 

thence  to  and  down  Gansevoort  street  to  the  east  bounds  of  the 

•    city;   thence  along  the  east  bounds  of  the  city  to  a  point  where 


662  Ordinances  of  the 

the  same  is  iiitorsocted  by  Xortli  Ferry  street;  tbeuce  westerly 
aloug  North  Ferry  street  to  Broadway,  and  tlieuee  soutlierly  lo 
Van  Woert  street;  thence  westerly  along  Van  Woert  street  to 
Lexington  avenue;  thence  aloug  Lexington  avenue  to  Clinton 
avenue;  thence  westerly  along  Clinton  avenue  to  its  intersection 
with  Partridge  street;  thence  southerly  aloug  the  line  of  Par- 
tridge street  to  its  intersection  with  Warren  street,  the  place  of 
beginning.  Any  person  who  shall  be  guiltj^  of  a  violation  of  this 
section  shall,  upon  conviction,  incur  a  penalty  of  the  sum  of  five 
dollars  for  each  day's  violation,  to  be  recovered  in  the  name  of 
the  city  of  Albany;  and,  in  addition  thereto,  the  officers  and 
members  of  the  police  and  inspectors  of  the  Board  of  Health 
may,  at  any  time,  enter  upon  and  into  any  premises  and  remove 
therefrom  all  animals  kept  contrary  to  the  provisions  of  this 
ordinance,  and  convey  them,  or  cause  them  to  be  conveyed,  to 
the  public  pound,  there  to  be  kept  or  disposed  of  in  the  same 
manner  as  animals  found  running  at  large. 

Cleaning,  etc.,  of  fresh  fish. 

§  13.  It  shall  not  be  lawful  to  open,  clean,  cut  up,  skin  or  dress 
any  kind  of  fresh  tish  (shell  fish  excepted)  within  any  of  the  slips, 
or  within  the  basin,  or  in  or  upon  any  of  the  docks  or  wharves 
of  this  city,  or  within  forty  feet  from  the  outer  edge  of  the  said 
docks  or  wharves,  or  in  or  upon  any  street,  lane  or  alley,  or  in 
or  upon  any  public  square,  or  avenue  or  vacant  lot  in  said  city, 
under  the  penalty  of  five  dollars  for  each  offense. 

Sturgeon  to  be  skinned  before  sold. 

§  14.  Xo  sturgeon  shall  be  offered  for  sale,  by  the  i)iece  or 
pound,  unless  the  same  shall  have  been  first  skinned  and  other- 
wise properly  cleaned,  under  the  penaltj*  of  five  dollars. 

Offal  to  be  destroyed. 

§  15.  Every  butcher  or  other  person,  immediately  after  killing 
any  beeves,  calves,  sheep,  hogs  or  other  cattle,  shall  destroy  the 
offal,  garbage  and  other  offensive  and  useless  parts  thereof,  or 
convey  the  same  into  some  place  where  they  shall  not  be 
injurious  or  offensive  to  the  inhabitants,  under  the  penalty  of 
twenty-five  dollars  for  every  offense. 

Dead  carcasses  to  be  removed. 

§  16.  No  person  shall  cast  or  leave  exposed  the  dead  carcass  of 
any    horse,  cow,  hog,  dog   or    other   animal,  in  any  street,  lane. 


City  of  Albany.  663 

alley,  yard  or  lot  within  this  city,  uiuh-r  the  penalty  of  tweuty- 

live  dollars  for  every  offense. 

Putrid  meats,  fish,  etc.— Destruction  of.— Penalty. 

§  17.  Whenever  any  pntrid  or  unsound  beef,  pork,  hsh,  poultry, 
hides  or  skins  of  any  kind,  or  any  other  putrid  or  unsound  sub- 
stance, shall  be  found  in  any  part  of  the  city,  it  shall  be  the  duty 
of  the  officers  and  members  of  the  police,  and  the  inspectors  of 
the  Board  of  Health,  to  cause  the  same  to  be  destroyed,  or  to  be 
disposed  of  in  such  other  manner  as  may  be  equally  secure  as 
regards  the  public  health;  and  if  any  person  shall  resist  the  said 
officers,  or  either  of  them,  in  the  execution  of  the  duties  hereby 
imposed,  or  shall  disturb,  hinder  or  molest  them  therein,  such 
olfender  shall  incur  a  penalty  of  tweuty-tive  dollars. 

Contents  of  privies. 

§  18.  No  person  shall,  under  the  penalty  of  twenty-live  dollars 
for  each  offense,  empty,  cast  or  lay  the  contents  of  any  tub  or 
privy  in  any  slip  or  dock,  or  in  any  street,  lane  or  alloy,  or  on 
any  public  property. 

Unclean  yards. — Penalty. 

§19.  Any  owner  or  occupant  of  any  bani.  yard.  lane,  alley  or 
other  place,  in  which  there  sliall  l.r  .my  Karl)age,  dirt  or  tilth, 
or  any  other  impure  or  offensive  matter  or  substance,  calculatt'd 
to  create  or  engender  disease,  who  shall  receive  a  written  or 
printed  notice  from  the  Mayor.  Hoard  of  Ib-alth,  or  tlii'  clerk  or 
inspectors  theri'of.  or  any  officer  of  the  police,  to  remove  the 
same,  and  shall  not  remove  the  s:iiiie  within  twenty-four  hours 
after  the  receipt  of  .said  notice,  shall  be  liable  to  jiay  a  pen:ilty 
of  twenty-tive  dollars  for  the  lirst  twenty-four  hours'  neglect 
after  the  same  should  have  been  removed,  and  of  ten  dcjllars  f(jr 
eviM-y  subsequent  twenty-four  hours'  netrlect. 

Buildings  in  alleys.— Width  of  alley  to  be  drained.— Penalty. 

§  20.  It  shall  not  be  lawful  for  any  person  to  erect  or  <-onstnici 
any  block  or  row  of  buildings,  intended  for  or  to  be  used  as 
dwellings,  on  any  lot.  piece  or  parcel  of  ground  within  the  fire 
limits  of  the  city  of  All)any.  fronting  upon  any  private  lane, 
court  or  alley,  unless  such  lane,  court  or  alley  is  (»f  tlie  width 
of  twenty-five  feet,  and  paved,  with  a  suitable  drain  therein,  con- 
necting with  the  public  drain  in  the  street  upon  which  said  lot 
.  is  situated.    The  terms  block,  or  row  of  buildings,  herein  men- 


664  Ordinances  of  nib: 

tioned,  shall  bo  takeu  and  constnied  to  apply  to  auy  Imikliiij,' 
continuous  or  otherwise,  exteiuliuy  thirty  feet  from  the  Hue  of 
any  street.  Any  person  viokitini;-  tlie  provisions  of  this  section 
shall  be  liable  to  a  penalty  of  twenty-tive  dollars  and  costs,  and 
to  a  like  penalty  lor  every  day  after  the  tirst  conviction,  tliat 
such  block  or  row  of  buildings  shall  be  suffered  by  him  to. remain 
standing. 

Cattle  not  to  be  slaughtered  within  certain  limits. 

§  21.  It  shall  not  be  lawful  for  any  person,  without  permission 
from  the  Common  Council,  to  slaughter  cattle,  sheep,  or  swine 
in  any  building  now  erected  or  hereafter  to  be  erected,  or  other- 
wise, within  the  territory  hereinafter  described;  nor  shall  it  be 
lawful  for  any  person,  without  such  consent,  to  conduct  or  carry 
on  any  business  or  occupation  within  said  territory,  which  shall 
be  noxious  to  health  or  comfoil;  uor  shall  it  be  lawful  for  any 
person,  without  sucli  permission,  to  pollute  or  suffer  or  cause  to 
be  polluted  witliiu  said  territory,  any  running  stream  of  water 
with  blood  or  offal,  or  other  deleterious  or  offensive  matter,  from 
cattle,  sheep  or  sAviue;  nor  to  permit  or  suffer  any  such  matter 
to  remain  within  or  upon  said  territory  or  any  portion  thereof, 
whereby  the  comfort  or  health  of  others  may  be  or  shall  be 
affected.  Auy  person  who  shall  violate  any  of  the  provisions  of 
this  section,  shall  incur  a  penalty  of  one  htindred  dollars  for  each 
offense,  to  be  recovered  by  civil  action  in  the  name  of  the  city  of 
Albany,  or  by  a  prosecution  before  a  magistrate  as  for  a  criminal 
offense,  as  provided  by  law.  The  following  shall  be  the  territory 
hereinbefore  mentioned,  viz.:  Commencing  at  a  point  on  Warren 
street,  forty  rods  west  of  Allen  street,  and  running  theuce  on  a 
line  down  Warren  street  to  Delaware  avenue;  thence  along 
Delaware  avenue  to  Second  avenue;  thence  along  Second  avenue 
to  west  line  of  South  Pearl  street;  thence  to  and  down  Ganse- 
voort  street  to  the  east  bounds  of  the  city;  thence  along  the  east 
bounds  of  the  city  to  a  point  where  the  same  is  intersected  by 
North  Ferry  street;  theuce  westerly  along  North  Ferry  street  to 
Broadway,  aud  thence  southerly  to  Van  Woert  street;  theuce 
westerly  along  Van  Woert  street  to  Lexington  avenue;  thence 
along  Lexington  avenue  to  Livingston  avenue;  thence  along 
Livingston  avenue  to  a  point  one  htindred  and  sixty  rods  west 
of  Allen  street;  thence  along  a  line  one  hundred  and  sixty 
rods  west  from  Allen  street  to  Warren  street  and  the  place  of 
beginning. 


City  of  Albany.  ()65 

Slaughter-houses  to  be  cleaned. 

1.  Evury  luitchi-r  or  other  pcrsou  occui>yiug  any  slaughter- 
house or  buildiug.  or  who  may  or  shall  kill  or  slaughter  in  any 
slaughter-house  or  building  in  the  city  of  Albany,  any  animal, 
shall,  ou  eveiy  day  when  auy  animal  may  be  so  slaughtered  or 
killed  therein,  cause  the  slaughter-house  and  yard  thereof  to  l)e 
washed  out  and  thoroughly  cleaned,  under  the  penalty  of  ten 
dollars  for  each  neglect  or  refusal  to  comply  with  this  section. 

Blood,  offal,  etc.,  after  slaughtering  to  be  conveyed  in  tight 
covered  boxes. 

2.  Every  butcher  or  other  person  witiiin  tliis  city,  immediately 
after  killing  or  slaughtering  any  animal,  shall  convey  or  cause 
to  be  conveyed,  in  tight  covered  boxi's  or  barrels  the  blood,  offal, 
garbage  and  other  offensive  or  useless  parts  of  said  animal  or 
animals  so  killed  or  slaughtered  to  such  place  as  the  Common 
Couucil  or  the  Board  of  Health  shall  or  may  from  time  to  time 
direct,  under  a  penalty  of  ten  dcdlars  for  each  and  every  neglect 
or  refusal  to  comply  with  this  section. 

Cotton-wood  trees. 

§22.  Xo  person  shall  plant  or  maintain  in  any  part  of.  or  in 
any  place  or  places  in  the  city  of  Albany,  any  ti'ee  or  shrub  of 
the  kind  or  species  commonly  called  the  cotton-wood  tree,  and 
any  person  who  shall  maintain,  or  suffer  to  remain,  after  reason- 
able notice  by  the  Street  Commissioner  of  said  city  to  remove 
such  shrub  or  tree,  shall  be  deemed  guilty  of  a  misdemeanor,  and 
iipMU  conviction  thereof,  shall  incur  a  penalty  not  exceeding  ten 
dollars  for  each  day  such  shrub  or  tree  shall  remain  after  notice 
to  remove*,  or  by  imprisonment  in  ihe  Albany  county  penitentiary 
not  exceeding  three  months,  or  both,  in  the  discretion  of  the 
court.  Auy  such  person  who  shall  plant  any  such  tree  or  shrub 
shall  be  deemed  guilty  of  a  misdemeanor,  and  upon  conviction 
thereof,  l)e  punished  by  impri.»<onment  in  the  Albany  county  peni- 
tentiary for  a  term  not  exceeding  three  months,  or  by  a  fine  not 
exceeding  twenty-five  dollars,  or  both,  in  the  discretion  of  the 
court. 

Urinals  and  water-closets  to  be  maintained  and  properly  kept 
in  manufactories,  etc. 

§  23.  Every  proprietor  of  a  manufactory,  bindery,  printing  office 
or  establishment,    workshop   or  other   place   of  l)usiness   where 


666  Ordinances  of  the 

vvomou  or  girls  arc  oiuployt'd  at  labor,  withiu  the  city  of  Albauy, 
shall  erect,  maiutaiu  aud  keep  iu  proper  repair  and  couditiou  for 
use,  upou  aud  within  such  manufactory,  bindery,  printing  office 
or  establishment,  workshop  or  place  of  business  aforesaid,  or  its 
appurtenances,  a  suitable  urinal  and  water-closet  for  the  use  of 
said  women  and  girls  so  employed,  which  urinal  aud  water-closet 
shall  be  distinct  and  separate  from  any  urinal  or  water-closet 
used  by  the  male  employes  of  such  factory,  bindery,  printing 
office,  workshop  or  place  of  business. 

Penalty. 

§  24.  Every  person  who  shall  neglect  to  comply  with  the  pro- 
visions of  section  twenty-three  of  this  ordinance,  shall  forfeit 
and  pay  the  sum  of  ten  dollars  upon  conviction  thereof,  and  shall 
also  forfeit  and  pay  the  sum  of  ten  dollars  for  each  and  every 
day  after  such  first  conviction,  during  which  the  said  neglect 
shall  continue. 

Cattle,  etc.,  subject  to  disease  not  to  be  killed  or  sold, 

§  25.  It  shall  not  be  lawful  for  any  person  to  kill,  butcher  or 
sell  within  the  city  of  Albany  (whether  alive  or  butchered,  or  if 
in  parts  or  otlierwise),  any  cattle,  sheep  or  hogs  subject  to  any 
disease,  or  tliat  may  have  been  bruised,  or  so  del)ilitated  as  to 
injuriously  affect  their  health.  Any  person  offending  against  the- 
provisions  hereby  shall  be  liable  to  a  penalty  of  not  less  than 
ten  dollars  nor  more  than  fifty  dollars  for  each  offense. 

Dead  animals,  etc.,  not  to  be  cast  into  the  Hudson  river. 

§  26.  Any  person  who  shall  throw,  deposit,  place  or  cast,  or 
cause  to  be  thrown,  deposited,  placed  or  cast,  into  the  Hudson 
river,  within  the  limits  of  the  city,  or  in  the  Albany  basin,  any 
dead  animal,  ordure,  or  deleterious,  offensive,  filthy  or  impure 
matter,  liquid  or  thing,  including  oils  of  any  kind,  or  who  shall 
place,  locate  or  deposit  any  dead  animal,  ordure,  or  deleterious, 
offensive,  filthy  or  impure  matter,  liquid  or  thing  including  oils 
of  any  kind,  near  the  said  river  or  basin,  so  that  the  same  or  any 
part  thereof  may  be  washed  or  carried,  by  rain,  flood  or  other- 
wise, into  the  said  river  or  basin,  shall  incur  a  penalty  of  not 
less  than  fifty  dollars,  nor  more  than  one  hundred  dollars  for 
each  offense. 


City  of  Albany.  667 

Places  may  be  established  for  depositing  dead  animals,  etc. 

§  27.  The  Common  Council  or  Board  of  Iloaltb  of  tlu-  city  of 
Albany  shall,  whenever  deemed  advisable,  fix  and  establish  some 
place  or  places  for  the  dei)ositiug  or  destruction  of  any  dead 
animals  or  offensive  matter  required  to  be  removed  from  said 
city. 

Expense  of  removing  dead  animals,  etc. 

§  28.  The  expense  of  removing  any  dead  animals  from  any  of 
the  public  streets,  alleys  or  lanes  of  the  city  shall  be  paid  by  tlie 
Cliamberlain  of  the  city,  upon  the  certificate  of  the  captain  of 
police  in  any  precinct  in  which  such  animals  may  be  found,  tliat 
the  removal  has  been  made,  and  that  the  charge  is  reasonable, 
and  also  upon  the  certificate  of  the  Inspector  and  Clerk  of  the 
Board  of  Health,  if  the  Chamberlain  is  satisfied  that  the  claim 
presented  to  him  is  just  and  right,  and  provided  tliat  no  pro- 
vision is  made  by  contract  for  such  removal  by  the  Board  of 
Contract  and  Apportionm«»iit  of  the  city. 

Offal,   etc.,  not  to  be  thrown  into  privies,   etc. 

§  29.  No  person  or  persons  sliall  throw,  allow  to  fall,  or  deposit 
in  any  vault,  sink,  privy  or  cesspool,  any  offal,  ashes,  meat,  fish, 
garbage  or  other  substance,  except  that  of  which  any  such  place 
is  tlie  appropriate  receptacle. 

Contents  of  privies,  etc.,  not  to  be  buried  in  yards,  etc. 

§  30.  Xo  tenant,  occupant,  owner  or  agent  of  any  building  or 
premises  shall  employ,  cause  or  permit  any  part  of  the  contents 
of  any  vault,  privy,  sink  or  cesspool  therein  or  thereon,  to  be 
buried  or  placeil  upon  any  lot.  ground,  yard,  or  any  structure, 
shed  or  building  within  the  limits  of  the  city,  without  the  per- 
mission of  said  Board  of  Health. 

Drains  to  be  .constructed  to  connect  privies  with  street  drains. 
§31.  Every  oAvner.  occupant,  tenant  or  agent  of  any  building 
or  premises  ailjacent  to  a  street  or  public  place  in  whicli  there  is 
a  main  or  common  sewei*,  shall  construct,  or  cause  to  be  con- 
structed, a  drain  to  connect  each  and  every  vault  or  privy  in 
such  building  or  upon  said  premises  with  said  main  or  common 
sewer. 


(j68  Ordinances  of  the 

Privies  to  be  made  water-tight  in  certain  cases. 

§32.  Every  person  or  persons  wiio  sluiU  (•oastruci  ov  cause  to 
be  constructed  a  vault  or  privy  upon  any  ground  whk-li,  from  its 
location,  subjacent  position  or  otherwise,  cannot  have  access, 
counectiou  with  or  passage  to  some  main  drain  or  common  sewer, 
shall  cause  said  vault  or  privy  to  be  made  water-tight,  to  be  built 
of.  brick  or  stone  and  cement,  or  of  wooden  planks  not  less  than 
two  inches  in  thickness.  No  vault  or  privy  shall  contain  less 
than  eighty  nor  more  than  two  hundred  and  sixteen  cubic  feet, 
nor  be  more  than  six  feet  in  depth;  nor  shall  any  such  vault  or 
privy  be  nearer  than  thirty  inches  from  any  adjacent  lot  or 
premises,  and  every  vault  or  privy  shall  be  so  constructed  as  to 
be  conveniently  approached,  opened  and  cleaned. 
Dead  bodies  not  to  be  taken  from  buildings  without  permit. 

§33.  No  dead  l)ody  of  any  human  being  shall  be  taken  from 
any  place,  building  or  structure  in  the  city  of  All>any.  or  through 
any  of  its  streets,  lanes,  avenues,  alleys  or  public  places,  by  a 
hearse  or  any  other  vehicle,  or  in  any  manner  w^hatsoever,  for 
the  purposes  of  burial,  unless  a  permit  is  first  obtained  from  the 
Register  of  Vital  Statistics  in  said  city.  And  every  person  who 
acts  as  a  sexton  or  undertaker,  or  has  charge  or  c:ire  of  any 
such  body  or  funeral  for  Avhich  such  permit  has  not  been  given, 
shall  incur  a  penalty  of  not  exceeding  twenty-five  dollars  for 
each  offense. 

Undertakers  not  to  permit  ice  used  on  deceased  person  to  be 
thrown  in  street. 

§  34.  No  undertaker,  sexton  or  other  person  shall  place,  allow 
to  fall,  throw  or  deposit  on  any  sidewalk,  street,  avenue,  lane  or 
alley  in  the  city,  any  ice  which  has  been  used  for  the  temporary 
preservation  of  any  deceased  person,  or  been  placed  on,  at  or 
about  a  deceased  person,  under  a  penalty  of  five  dollars  for  each 
and  every  offense. 

Stench  traps- 

§  35.  Every  sewer  or  drain,  leading  from  a  dwelling-house  or 
other  building  in  the  city  of  Albany,  which  is  or  may  be 
inhabited  or  occupied  by  a  human  being,  shall  be  provided  with 
a  good  and  sufficient  stench  trap,  which  shall  be  placed  therein 
and  connected  therewith  outside  of  said  dwelling-house  or  other 
building  as  aforesaid. 

Penalty. 

§  36.  The  owner  of  any  dwelling-house  or  other  building 
described    in    the    foregoing    section,  who  shall  fail,  neglect  or 


Cttt  of  Albany.  669 

refuse  to  comply  with,  or  in  any  manner  violate  the  provisions 
of  said  section,  shall  incur  a  penalty  of  one  dollar  for  each  and 
every  day  of  the  continuance  of  such  violation,  and  in  addition 
thereto  shall  be  .guilty  of  a  nnsdemeanor,  and  upon  conviction 
thereof  shall  be  punished  by  a  fine  of  not  exceeding  fifty  dollars, 
or  imprisonment  not  exceeding  six  months  for  each  any  every 
offense. 


CHAPTER  34. 

Of  liemoval  of  Gnrhdfje. 

Section  1.  Board  of  Health  to  regulate  removal  of. 

2.  Collectors  to  be  licensed. — Fees. 

3.  Carts  and  vehicles  to  be  water-tight. 

4.  Owners,   tenants,   etc..   to  provide  suitable   recep- 

tacles. 

5.  Collectors   to    regularly    call  at  dwellings. 

6.  Carts  and  vehicles  to  be  sent  at  regular  hours. 

7.  Collectors  of  garbage  not  to  be  offensive. 

8.  No  deposit  of  kitchen  garliage  to  be  made  within 

vacant  lots,  etc. 

9.  No  offal  to  be  placed  upon  street. — Garltage  not 

to  be  mixed  with  ashes. 

10.  Times  for  collection  of  garbage. 

11.  Districts  to  be  assigned  by  Board  of  Health. 

12.  Tonuer  ordinance  repealed. 

Board  of  Health  to  regulate  rem^oval  of  garbage,  etc. 

Section  1.  The  Board  of  Health  of  the  city  of  Albany  is  hereby 
empowerered  to  take  such  measures  as  it  shall  deem  effectual  for 
the  removal  of  garbage  and  offal  from  the  city  of  Al])any,  and 
shall  be  governed  by  the  following  rules  and  regulations. 

Collectors  to  be  licensed. — Fees. 

§  2.  No  person  shall  engage  in  the  business  of  collecting  and 
transporting  kitchen  garbage  and  offal  in  the  city  of  Albany 
(except  the  person  acting  in  accordance  with  the  terms  of  a  con- 
tract entered  into  bj'  and  between  the  said  persons  and  the  city 
of  Albany  for  removing  kitchen  garbage  and  offal),  unless  such 
person  shall  have  previously  obtained  a  license  from  the  Mayor 
authorizing  such  person  to  engage  in  the  business  in  conformity 


670  Ordinances  of  the 

with  the  rules  aud  regulations  and  subject  to  the  iuspectiou  of 
the  Board  of  Health. 

Every  such  person  applying  for  a  license  shall,  at  the  time  of 
the  granting  of  such  license  pay  to  the  Mayor,  for  the  use  of  the 
city,  the  sum  of  five  dollars  ($5)  for  every  vehicle  used  by  him 
or  her  as  such  collector  of  garbage. 

Before  such  license  shall  be  granted  every  applicant  therefor 
shall  report  his  or  her  residence  to  the  Mayor,  and  upon  changing 
his  or  her  residence  shall,  in  like  manner,  report  his  or  her  new 
residence. 

The  Mayor  shall,  upon  the  presentation  of  proof  of  the  viola- 
tion of  this  ordinance  or  any  section  thereof,  and  after  having 
afforded  the  person  so  licensed  an  opportunity  to  be  heard,  have 
full  power  to  revoke  any  of  such  licenses. 

All  licenses  granted  under  the  provisions  of  this  ordinance 
shall,  except  as  hereinafter  stated,  expire  on  the  first  day  of  May 
after  the  date  thereof,  and  may  be  renewed  at  the  expiration  of 
each  year;  and  upon  each  renewal  thereof  such  garbage  collector 
shall  pay  the  sum  of  five  dollars  ($5)  for  each  vehicle  used  by 
him  or  her  as  such  collector,  as  aforesaid.  All  licenses  granted 
prior  to  the  first  day  of  May,  eighteen  hundred  and  ninety-three, 
shall  expire  on  the  first  day  of  May,  eighteen  hundred  and 
ninety-four. 

Carts  and  vehicles  to  be  water-tight. 

§  3.  All  carts  and  other  vehicles  for  removing  kitchen  garbage 
and  offal  shall  be  so  constructed  as  to  be  water-tight,  and  shall 
be  securely  covered  on  the  top;  or  the  garbage  may  be  collected 
and  removed  in  sound  and  water-tight  barrels,  securely  covered 
on  the  top.  Each  and  every  vehicle  employed  for  the  collection 
of  garbage  shall  have  permanently  painted  in  white  letters  upon 
both  sides  thereof,  such  letters  to  be  not  less  than  two  inches  in 
height,  the  name  of  the  contractor  or  other  person  licensed  to 
use  such  vehicle,  the  number  of  the  district  assigned  to  such 
person,  the  words  "  Licensed  Garbage  Collector,"  together  with 
the  number  of  the  license;  such  lettering  shall  always  bo  kept 
clean  and  exposed  to  public  view  when  the  carts  or  other  vehicles 
are  in  use,  and  at  all  times  be  subject  to  the  inspection  of  any 
police  officer,  officers  of  the  Board  of  Health  or  citizen.  All  such 
carts  and  vehicles  shall  always  be  kept  clean,  and  shall  be  so 
loaded  and  driven  tliat  none  of  their  contents  shall  fall,  spill  or 
leak  therefrom. 


City  of  Albany.  (572 

Owners,  tenants,  etc.,  to  provide  suitable  receptacles. 

§4.  Owners,  tenants  and  occupants  of  houses  sliall  provide 
suitable  receptacles  (not  larger  than  half  a  barrel,  unless  allowed 
by  the  Board  of  Health),  for  holding  kitchen  garbage  and  offal, 
and  shall  deliver  the  same  promptly  when  called  for  by  the 
properly  authorized  persons.  No  receptacles  for  garbage  shall 
be  placed  upon  any  sidewalk,  or  in  any  public  place  whatever, 
unless  securely  covered  and  except  at  the  time,  or  for  one  hour 
previous  to  the  time,  of  garbage  collection.  Receptacles  for 
garbage  sliall  be  kept  clean,  and  when  placed  in  the  yards  shall 
always  be  securely  covered. 

Collectors  to  regularly  call  at  dwellings. 

§  5.  Collectors  of  garbage  shall  call  regularly  at  all  dwellings 
and  all  other  buildings,  and  remove,  promi^tly,  and  in  as  cleanly 
a  manner  as  possible,  all  kitchen  garbage  and  offal  that  may  be 
offered,  and  return  the  receptacles  into  the  houses  or  yards  from 
which  received,  or  in  front  of  which  the  samt'  may  have  been 
found.  They  shall  also  collect  and  remove  all  garl)age  and  offal 
which,  bj-  accident  or  otherwise,  may  have  been  put  upon  the 
sidewalks,  courts  or  alleys,  by  residents,  occupants  or  persons 
having  charge  of  dwellings  and  all  otlier  buildings. 

Carts    and    vehicles    to    be    sent    at    regular   hours. 

§  6.  The  carts  or  vehicles  shall  be  sent  at  a  regular  hour 
through  every  street,  lane  or  highway,  and  adequate  notice  shall 
be  given,  by  the  ringing  of  a  bell,  to  the  occupants  of  all  build- 
ings that  they  are  about  to  approach  for  the  removal  of  kitchen 
garbage  and  offal. 

Collectors  of  garbage  not  to  be  offensive. 

§7.  Persons  engaged  in  transporting  and  collecting  kitr-hen 
garbage  and  offal  shall  not  do  or  permit  to  be  done  anything  in 
connection  therewith  that  shall  be  needles.sly  olfcnsive  or  filthy 
in  relation  to  any  person,  place,  building,  premises  or  highway. 

No  deposits  of  kitchen  garbage  to  be  made  within  vacant  lots. 
§  8.  Deposits  of  kitchen  garbage  shall  not  be  made  by  any 
collector  thereof  within  the  limits  prescribed  in  section  twelve 
of  chapter  thirty-four  of  the  city  ordinances  for  the  keeping  of 
swine,  goats  and  cows,  nor  upon  any  lot  or  open  space  lying 
within  a  portion  thereof,  or  upon  any  wharf,  or  upon  any  vessel 


672  Ordinances  of  the 

lying  at  any  wharf,  except  by  special  permit  from  the  Board  of 
Health.  Kitchen  garbage  and  offal  shall  not,  in  any  case,  be 
used  as  food  for  coavs. 

No  ofEal  to  be  placed  upon  street. — Garbage  not  to  be  mixed 
with  ashes. 
§  9.  Kitchen  garbage,  offal  and  filtli  shall  not,  except  as  herein 
provided,  be  placed  by  any  person  upon  any  footway,  or  upon 
any  public  street,  avenue,  lane,  alley,  court  or  public  place,  nor 
shall  such  garbage,  offal  or  filth  be  mixed  with  ashes,  tin  cans, 
bottles  or  other  substances  not  subject  to  decay. 

Times  for  collection  of  garbage- 

§  10.  Kitchen  gar])age  and  offal  shall  be  removed  at  least 
twice  a  weelv  during  tlie  months  of  January,  February,  March, 
April,  Novemlier  and  December;  and  three  times  a  week  during 
the  months  of  May,  June,  July,  August,  September  and  October. 

Districts  to  be  assigned  by  Board  of  Health. 

§  11.  Persons  applying  for  a  license  to  collect  garbage  musr 
previously  obtain  from  the  Board  of  Health  the  assignment  of  a 
certain  district  of  the  city,  and  the  hours  of  collection  in  said 
district,  and  all  their  collections  must  be  conflned  witliin  the 
limits  of  the  district  so  assigned. 

In  the  making  of  assignments,  the  Board  of  Health  shall  give 
preference  to  persons  now  collecting. 

Any  person  violating  any  section  of  this  ordinance  shall  forfeit 
and  pay  the  penalty  of  ten  dollars  ($10)  for  each  offense.  Such 
offender  shall,  upon  conviction,  be  punishable  by  a  fine  of  ten 
dollars  or  imprisonment  in  the  Albany  county  penitentiary  for 
a  period  not  exceeding  thirty  days,  or  both,  in  the  discretion  of 
the  magistrate;  and.  in  addition,  the  license  of  any  person  col- 
lecting garbage  may  be  revoked,  as  above  provided  in  section 
two  of  this  chapter. 

Former  ordinance  repealed. 

S  12.  The  provisions  of  chapter  thirty-five  of  the  Laws  and 
Ordinances  of  the  City  of  Albany,  entitled  "  Of  Removal  of  Gar- 
bage," as  they  have  heretofore  existed,  are  hereby  rescinded  and 
repealed. 


CrTY  OF  Albany.  673 

CHAPTER  35. 

Of  Protection  to  Fire  Alarm  aiui  Police  t^irjiuil  Telerjraph. 

Section  1.  Penalty  for  imxkiug  duplicate  keys  of  signal  boxes. 
2.  False  alarms  and  injuries  to  apparatus. 

Penalty  for  making,  etc.,  duplicate  keys  of  signal  boxes. 

Section  1.  Any  pt-rson  who  shall  make,  cause  to  l)e  made,  or 
have  in  his  possession,  an  impression  or  duplicate  of  any  lire 
signal  l)ox  key,  without  the  express  permission  of  the  Chief  Engi- 
neer of  the  Fire  Department,  or  of  anj-  Police  signal  box  key. 
without  the  express  permission  of  the  Chief  of  Police,  shall,  upon 
conviction  tliereof,  Ite  guilty  ()f  a  misdemeanor. 

False  alarm. — Injuries. — Penalty. 

§2.  It  sliall  be  unlawful  for  any  person  to  give,  or  cause  to  be 
given,  a  false  alarm,  with  intent  to  deceive,  or  to  pull 
the  slidi'  of  any  station  or  signal  box.  or  to  tampi-r, 
meddle  or  interfere  in  any  way  with  said  boxes,  or  any  part 
thereof,  or  to  cut,  break,  injure,  deface  or  remove  any  of  the  said 
boxes,  or  any  of  the  wires  or  supports  thereof  connected  with 
any  part  of  said  tire  alarm  telegraph  or  police  signal  system,  or 
to  make  any  connection  or  communication  therewith,  so  as  to 
interrupt  or  interfere  with  the  proper  working  of  the  same,  or 
with  evil  intent  to  injure,  break  or  destroy  any  machinery  or  lix- 
tures  connected  with  it.  Any  person  guilty  of  a  violation  of  any 
of  the  provisions  of  this  section  shall  be  guilty  of  a 
misdemeanor. 


CHAPTER  36. 

Of  Stonny  of  Gun  dotton,  etc.,  (rithin   City  Limitx. 

Section  1.  It  shall  not  be  lawful  for  any  person  or  persons  to 
keep  or  store  in  any  place  within  the  corporate  limits  of  tlie  city, 
as  the  same  are  now  or  may  be  hereafter  established  by  law,  anj- 
gun  cotton  or  any  other  dangerous  explosive  material  under  the 
penalty  of  not  exceeding  twenty-five  dollars  for  each  offense. 


43 


674  Ordinances  of  the 

CHAPTER  37. 

Of  Steam  Boilers  Exhausting  Steam  'within  (Jiiij  Limits. 

Section  1.  Exhausting  steam  in  streets,  etc. 
2.  Penalty. 

Exhausting  steam  in  streets,  etc. 

Section  1.  Any  person  or  persons,  owning  or  in  eliarge  of  steam 
boilers,  within  the  limits  of  the  city  of  Albany,  are  hereby  pro- 
hibited from  exhausting  the  steam  from  boilers  in,  upon  or  across 
nny  avenue,  street,  lane  or  alley  in  the  city  of  Albany. 

Penalty. 

§  2.  Any  person  or  persons  violating  the  provisions  of  tliis  onli- 
nance  shall  be  liable  to  a  penalty  of  fifty  dollars  for  cacli  and 
every  offense. 


CiTT  OF  Albany.  675 


OF   STREETS,   WHARVES    AND   ROADS. 


CHAPTER  38. 

Of  StrcetH. 
Sectiou  1.  Injuring  street  drains,  etc. 

2.  Certain  goods  not  to  be  sold  in  streets. 

3.  Posts  not  to  be  erected  in  streets. 

4.  Projecting  signs. 

5.  Oljstructing  street,  sidewalk,  etc. 

6.  Use  of  streets  for  building  purposes. 

7.  To  construct  a  walk. 

8.  Carriages  not  to  remain  on  streets. 

9.  Fastening  horses. 

10.  Hand  sleighs,  kites,  snow  balls,  etc. 

11.  Bells  on  sleighs. 

12.  Occupying  streets  or  vacant  grounds. 

13.  Altering  grade  or  level  of  street. 

14.  Goods  not  to  be  sold  on  streets. 

15.  Fniit  stands. 

16.  Auctioneers. 

17.  Bow    windows    and    show    windows,    stoops    and 

cellar  doors. 

18.  Awnings. 

19.  Canvass  for  awnings. 

20.  Suspending  of  merchandise. 

21.  Balconies. 

22.  Exposure  of  goods  on  balconies. 

23.  Signs. 

24.  Trespassers. 

25.  Streets,  flagging  sidewalks,  etc. 

26.  Owners  to  repair  streets,  etc. 

27.  Street  Commissioner  may  repair. 

28.  Snow  and  ice  to  be  removed. 

29.  Dumping  of  snow  or  ice  on  Steanil)oat  s(iuaro. 

30.  Penalty. 

31.  Streets  to  be  swept. 

32.  Incomplete  pavements. 


676  Ordinances  of  the 

Section  33.  Removing  pavement  without  authority. 

34.  When  public  cirain  may  be  laid. 

35.  Permission  to  enter  drain. 

36.  Permission,  how  given. 

37.  Ci'oss  streets  to  be  kept  clear. 

38.  Cross-walks. 

39.  Areas. 

40.  Area,  how  to  open. 

41.  Openings  into  streets. 

42.  Cisterns  and  vaults. 

43.  Permission. 

44.  Vaxilts  or  cisterns  to  \>v  l)rick  or  stone. 

45.  Ijighted  lamps  near  open  vaults,  etc 

46.  (irates  of  vaults. 

47.  (4 rates  not  to  be  removed. 

48.  Penalty  for  removing. 

49.  Curb. 

50.  (irade  not  to  be  changed. 

51.  Duty  of  Street  Commissioner. 

52.  Loose  cobble-stone  in  streets. 

53.  Plumbers  to  be  licensed. 

54.  AVater  and  gas  boxes. 

55.  Penalty. 

56.  Ball  playing  and  shinny. 

57.  Coasting. 

58.  Delivery  of  ice. 

59.  Penalty. 

60.  Removal  of  buildings. 

61.  Application  for  removal  of  buildings. 

62.  Lamp    post    or     lighting     apparatus     not     to     be 

removed. 

63.  While  buildings  being  removed  lights  must  be  kept 

thereon  at  night. 

64.  No  person  shall    remove    buildings    witliout    being 

licensed  for  sucli  business. 

Injuring  street  drains,  etc. — Interference  with  Street  Commis- 
sioner. 
Section  1.  No  person  shall,  in  any  manner,  interfere  with,  dis- 
turb, dig,  take  up  or  deface,  mutilate  or  in  any  manner  injure 
any  of  the  drains,  streets,  pavements,  sidewalks,  docks,  wharves, 


City  of  Albany.  677 

bridj^cs.  or  any  part  of  tlic  pier,  without  tin-  writti'ii  couseut  of 
the  Street  Couuuissiouer.  uor  throw  or  t-iiipty  any  straw,  ashes. 
refuse  of  coal,  vegetables,  bottles,  broken  glass,  croekery,  wood, 
garbage,  bones,  or  other  hard  or  bulky  substances  into  any  privy, 
drain,  vault,  sewer,  stream,  lot,  street,  bridge,  lane  or  alley,  nor  in 
any  manner  interfere  with  the  Street  Commissioner,  or  any  of  the 
Superintendents  of  Streets  in  tne  discharge  of  their  duties,  or 
any  contractor  or  employe,  while  acting  pursuant  to  any  law  or 
ordinance  or  resolution  of  the  Common  Council,  imder  a  penalty 
of  not  less  than  ten  dollars,  nor  more  than  fifty  dollars;  nor 
shall  any  person,  under  a  like  penalty,  throw,  deposit,  strew  or 
litter  on  any  street,  sidewalk,  square  or  park  in  the  city  of 
Albany,  or  cause  to  be  thrown,  deposited,  strewn  or  littered 
thereon,  any  paper  or  other  substance  having  any  printed  or 
written  matter  thereon,  or  pictures  with  the  intent  to  advertise 
or  attract  public  attention  to  any  subject,  thing  or  event. 

Certain  class  of  goods  not  to  be  sold  in  the  streets. 

§  2.  No  person  with  any  wagon,  cart,  sled,  or  other  carriage, 
containing  wood  or  other  lumber,  shall  stand,  to  expose  the  same 
for  sale,  nor  shall  any  person  with  any  wagon,  cart  or  other 
carriage,  or  in  any  other  mannt-r  stand  or  remain,  to  sell  or  expose 
for  sale,  any  clothing,  drj-  goods,  tinware,  boots,  shoes,  hats,  caps, 
hardware,  jewelry,  fancy  goods,  cutlery,  stationery,  printing 
types,  musical  instruments,  or  brushes,  in  or  uptju  any  of  the 
public  streets,  sidewalks,  siiuares  or  lanes  of  the  city:  and  any 
breach  of  this  law  shall  subject  tlie  ofCende'-  to  a  penalty  of  five 
dollars  for  each  offense. 

Posts  not  to  be  erected  in  streets. 

§  3.  Any  person  erecting  or  fixing  any  post  or  posts  in  any  of  the 
streets  or  lanes,  or  in  any  of  the  sidi'walks  of  this  cit3%  or  caus- 
ing or  directing  the  same  to  be  done,  unless  under  the  direction 
of  the  Street  Commissioner,  and  with  the  consent  of  the  Mayor 
or  said  commissioner  previously  obtained,  shall  incur  a  penalty 
of  one  dollar;  and  for  every  eight  days  after  the  first  complaint, 
that  the  said  post  or  posts  shall  so  remain  put  up  or  affixed,  the 
further  sum  of  one  dollar,  and  the  Street  Commissioner  or  any 
police  justice  may  direct  the  said  post  or  posts  to  be  cut  down 
or  removed. 


678  Ordinances  of  the 

Projecting  signs. — Gutters,  spouts,  etc. — Power  to  remove. — 
Contents  of  gutters,  etc.,  not  to  flow  over  sidewalks. 
§  4.  Any  owner,  tenant  or  occupant  of  any  dwelling-house, 
store,  shop  or  other  building,  who  shall  fix,  put  up  or  erect  any 
sign  projecting  into  or  over  any  street,  sidewalk  or  lane,  above 
eighteen  inches,  shall  incur  a  penalty  of  five  dollars  for  every 
such  offense,  and  for  the  continuance  thereof  after  such  convic- 
tion, for  every  five  days  one  dollar;  aud  the  like  penalty  of  five 
dollars  shall  be  incurred  by  any  owner,  tenant,  or  occupant  who 
shall  permit  or  suffer  any  conductor,  gutter,  pipe  or  spout  for 
receiving  and  conveying  water  from  the  roof  of  any  house  or 
other  building,  to  project  into  any  street  or  lane,  except  such 
conductor,  pipe  or  spout  shall  be  affixed  close  to  the  walls  of  such 
house  or  building;  and  if,  after  the  first  conviction,  the  same 
shall  not  be  altered  into  conformity  to  this  law,  or  removed,  or 
if  anj-  sign  projecting,  as  aforesaid,  over  eighteen  inches,  shall 
not  be  removed  after  the  first  conviction,  then,  and  in  every 
or  either  such  case,  the  Street  Commissioner  or  Police  Justice,  or 
otficer  or  member  of  the  police  force  of  said  city  is  authorized  to 
remove  or  cause  the  same  to  be  removed;  aud  any  person  who 
shall  hinder  or  obstruct  the  Street  Commissioner,  Police  Justice, 
police  officer,  or  any  person  authorized  or  directed  to  remove  the 
same  by  said  commissioner  or  Police  Justice,  or  police  officer,  in 
the  execution  of  his  dtity,  shall  incur  a  penalty,  for  the  first 
offense  ten  dollars,  and  for  every  subsequent  offense  twenty-five 
dollars.  And  no  conductor,  gutter,  pipe  or  spout,  or  structure 
erected  after  the  adoption  of  this  ordinance,  shall  carry  its  con- 
tents so  as  to  run  upon  or  tiow  over  or  across  any  sideAvalk  or 
pavement  in  this  city,  under  a  penalty  of  five  dollars  for  each 
day  that  the  provisions  of  this  ordinance  are  violated,  to  be  paid 
by  the  owner,  tenant  or  occupant  so  offending  as  aforesaid. 

Obstructing     street     sidewalk,     etc. — Bicycles,     etc. — Feeding 
cattle,  etc. 

(Ag  lanoiulfd  July  6.  1886.) 

§  5.  No  person  shall  place  any  casks,  wood,  stone,  plank,  boards' 
or  other  article  in  any  street,  or  on  any  sidewalk  so  as  to  incom- 
mode or  obstruct  the  free  passage  or  use  thereof,  under  a  penalty 
of  five  dollars  for  the  first  offense,  a  penalty  of  twenty-five  dol- 
lars for  every  subsequent  offense;  aud  the  Street  Commissioner, 
or  any  officer  or  member  of  the  ijolice,  may  cause  the  same,  if  so 
placed,  to  be  removed  at  the  expense  of  the  offender;    nor  shall 


City  of  Albany.  679 

auy  persou,  uuder  a  like  penalty,  push  or  draw  auy  wheelbarrow 
or  back,  drive  or  lead  any  horse,  cart  or  other  carriage,  over  auy 
.such  sidewalk,  or  use,  or  ride  auy  bicycle,  tricycle  or  velocipede, 
or  use,  ride  or  drive  any  sled  or  sleigh  thereou,  uuless  it  be  in 
crossing  the  same  to  go  into  a  yard  or  lot  or  building.  Nor  shall 
auy  person  feed  any  swine,  horse,  cattle  or  other  animal  upon 
auy  sidewalk,  cross-walk,  street  or  gutter  thereof,  in  this  city; 
or  allow  any  swine,  horse,  cattle,  or  other  animal,  to  stand  or 
remain  thereon  for  the  purpose  of  being  fed  by  or  for  such  per- 
son; or  permit  any  other  to  feed,  or  keep  for  the  purpose  of  being 
fed,  anj-  such  swine,  horse,  cattle,  or  other  animal,  upon  auy 
such  sidewalk,  cross-walk,  street  or  gutter  in  front  of  or  adjoin- 
ing the  premises  of  such  person,  under  the  penalty  of  five  dollars 
for  each  offense,  for  every  swine,  horse,  head  of  cattle,  or  other 
animal  so  fed,  kept  or  permitted  to  be  kept  or  fed. 

Permisaion  to  occupy  street  for  building  purposes. 

§  6.  No  persou  shall  place,  or  cause  to  be  placed,  any  stones, 
lumber,  plank,  boards  or  other  materials  for  building,  for  the 
purpose  of  being  used  about  tlie  constructing  or  repairing  any 
building,  in  any  street  or  lane,  or  upon  any  wharf,  pier  or  slip, 
for  a  longer  time  than  twenty-four  hours  (without  a  written  per- 
mission from  the  Mayor  or  Street  Commissioner,  which  permis- 
sion shall  not  authorize  the  occupation  of  more  than  one-half 
of  the  carriage-way  or  one-half  of  the  sidewalk  of  such  street, 
lane,  wharf,  pier  or  slip,  contiguous  to  such  building),  under  a 
penalty  of  five  dollars  for  each  day  after  notice  to  remove  the 
same  has  been  given;  and  tlie  Mayor  or  any  magistrate  or  police 
officer  may  cause  such  materials  l)eing  tliere,  contrary  to  this 
law,  if  not  removed  by  tlie  owner  of  such  building  after  notice, 
verbal  or  written,  to  him  to  remove  the  same,  to  lie  removed  to 
one  of  the  public  yards  of  the  city  at  the  expense  of  the  offender, 
to  be  recovered  of  him  iu  an  action  of  debt  in  the  name  of  the 
Chamberlain. 

To  construct  a  walk. 

§  7.  In  case  of  any  application  to  occupy  the  sidewalk  in  any 
street  for  the  purpose  aforesaid,  it  shall  be  lawful  for  the  Mayor 
or  Street  Commissioner,  in  his  discretion,  to  require  the  person 
or  persons  so  applying  to  construct  a  suitable  walk  for  foot 
passengers,  of  boards  or  planks  upon  such  sidewalks,  so  as  to 
allow  a  convenient  passage  upon  the  sidewalk  so  obstructed;  in 


(380  Ordinances  of  the 

case  of  neglect  or  refusal  to  do  so,  such  pcrsou  or  persons  shall 
incur  a  penalty  of  not  exceeding  twenty-tive  dollars  for  every  day 
such  requirement  shall  remain  uneomplied  with. 

Carriages  not  to  remain  on  streets. 

§  8.  No  person  shall  suffer  any  wagon  or  carriage,  without 
horses,  to  remain  or  stand  in  any  street  or  lane  for  more  than 
one  hour  (without  permission  from  the  Mayor  or  Street  Commis- 
sioner), under  the  penalty  of  one  dollar  for  each  offense,  nor 
shall  any  person  suffer  any  cart  or  wagon  containing  or  used  for 
selling  charcoal,  to  remain  or  stand  in  any  street  or  lane,  with 
or  without  its  horse  or  horses,  for  more  than  ten  minutes,  nor 
suffer  any  horse  or  horses  to  be  fed  in  any  street  or  lane,  under 
the  penalty  of  one  dollar  for  each  offense. 

Fastening  horses. 

§  9.  No  person  shall  at  any  time  fasten  any  hoi'se  or  liorses  to 
any  porch,  or  in  such  way  that  the  reins  or  lines  shall  prove  an 
obstacle  in  the  free  use  of  the  sidewalk,  under  a  penalty  of  one 
dollar  for  each  offense;  and  the  person  in  whose  possession  or 
use  such  horse  or  horses  shall  then  be  shall  be  deemed  the 
offender  unless  he  shall  prove  the  contrary  to  the  satisfaction  of 
the  magistrate  before  whom  he  shall  be  brought. 

Hand  sleds,  kites,  snow  balls,  etc. 

§  10.  No  person  shall  use  any  small  or  hand  sled,  or  sled  with- 
out horses,  for  the  amusement  of  sliding  in  or  upon  any  of  the 
paved  streets,  nor  raise  nor  fly  any  kites,  nor  throw  nor  cast  any 
balls  of  ice  or  snow  in  any  of  the  paved  streets,  under  a  penalty 
of  one  dollar  for  each  offense. 

Bells  on  sleighs. 

§  11.  No  person  shall  drive  any  sleigh  or  sled  through  any  of 
the  streets,  lanes  or  alleys  of  this  city  unless  bells  be  properly 
or  securely  attached  to  the  horse  or  horses,  or  other  animals 
harnessed  thereto,  or  to  the  pole  or  shaft  of  said  sleigh  or  sled, 
under  the  penalty  of  five  dollars  for  each  offense. 

Occupying  streets  or  vacant  ground. 

§  12.  Any  person  or  persons  who  shall  use  or  occupy  any  of  the 
streets  or  lanes,  or  any  vacant  ground  belonging  to  the  city,  may 
be  removed  from  such  occupancy  by  the  direction  of  the  Mayor 


City  of  Albany.  G81 

of  tliii  c-ity  or  by  a  ivsolutiou  of  the  Couuuoii  Cumuil.  auil  the 
person  or  persons  refusing  or  neglecting  to  coinply  with  such 
resolution  shall  incur  a  penalty  of  twenty-live  dollars  for  each 
(lay's  refusal  to  remove  therefrom. 

Grades  of  streets. — Altering  grade  or  level  of  street. 

§  13.  If  any  person  shall,  with  intent  to  alter  the  pitcli.  grade 
or  level  of  any  street,  alley,  lane  or  s(iuare.  remove,  alter  or 
deface  any  post,  stake  or  mark  fixed  or  placed  by  the  Street  Com- 
missioner, Superintendents,  the  City  Engineer  and  Surveyor,  or 
any  other  person  under  his  or  tlieir  direction,  such  person  sliali 
incur  a  penalty  of  twenty-tive  dollars  for  each  offense. 

Goods  not  to  be  sold  on  streets. 

S  14.  No  person  shall  occupy  or  use  any  street,  lane  or  alley, 
or  any  public  square  or  avenue  of  the  said  citj-.  or  erect  any 
booth  or  platform  thereon,  for  the  purpose  of  laying,  opening  or 
exposing  for  sale  provisions  or  goods  of  any  kind,  without  the 
permission  of  the  Common  Council,  imder  the  penalty  of  live 
dollars  for  every  day  this  provision  shall  be  violated. 

Erecting  stands  for  sale  of  fruit,  etc. 

§  15.  No  person  sliall  erect  or  place  a  stand  for  the  sale  of 
cakes  or  fruits  in  any  of  the  streets  or  lanes  of  this  city  without 
first  obtaining  the  consent  of  the  owner  or  occupant  of  the  princi- 
pal story  of  the  building  in  front  of  which  the  stand  is  to  be 
erecteil  or  placed,  under  a  penalty  of  five  dollars;  and  any  such 
stand  shall  be  liable  to  be  removed  at  any  time  by  the  Mayor  or 
Street  Commissioner;  nor  shall  any  sucli  be  placed  so  as  to 
project  upon  the  sidewalk  beyond  the  line  to  which  the  stoops 
of  the  building  would  be  allowed  by  law  to  extend,  under  the 
penalty  of  five  dollars. 

Auctioneers. 

S  16.  The  .Mayor  may  license,  upon  the  payment  of  a  fee,  to  be 
lixed  by  him.  not  exceeding  twenty-five  dollars,  any  auctioneer 
of  the  city  of  Alb.-iny  to  sell  In  the  i)ublic  streets  in  front  of  tlie 
store  occupied  l)y  him.  horses,  wagons,  carriages,  sleiglis,  second- 
liaiid  household  furniture,  and  such  bulky  articles  as  cannot  con- 
veniently be  sold  in  his  store;  but  no  such  articles  shall  be  placed 
in  the  street  more  than  one  hour  before  the  time  of  sale  nor  nlaoed 


682  Ordinances  of  the 

so  a.s  to  obstruct  or  liiinlcr  the  free  use  of  the  street  as  a  pulilie 
highway,  uor  shall  they  be  placed  withiu  leu  feet  of  auy  cross- 
walk; and  all  such  articles  shall  be  reuioved  withiu  oue  hour  after 
the  sale,  whether  sold  or  uot;  aud  in  all  cases  of  auy  violation  of 
either  of  the  provisious  of  this  law,  the  auctioneer  by  whom  or 
by  whose  direction  auy  such  article  was  placed  in  the  street  sliall 
be  liable  to  have  his  license  revoked  by  the  Mayor  and  to  pay  a 
penalty  uot  exceeding  twenty-tive  dollars  for  each  offense. 

Bow  windows  and  show  windows. — Stoops. — Cellar  doors. 

§  17.  No  bow  window,  bay  window  or  oriel  window,  or  other 
window,  except  show  windows  for  business  purposes  on  store 
fronts,  sliall  be  put  up,  constructed  or  maintained  in,  upon  or 
over,  or  iuto  any  of  the  streets  or  highways,  lanes  or  alleys,  or 
any  public  square  or  avenue,  or  over  or  into  any  sidewalk  of  this 
city,  more  than  two  feet  six  inches  from  the  line  of  the  street  to 
the  exterior  line  of  the  said  window;  nor  shall  any  such  window 
be  erected,  except  from  the  second  and  above  the  principal  story 
of  the  building  to  which  it  belongs;  aud  the  fioor  line  of  any  such 
window  shall  uot  be  lower  than  the  floor  line  of  the  said  second 
story  of  such  building;  and  in  no  case  be  less  than  ten  feet 
above  the  grade  line  of  the  sidewalk;  nor  shall  any  show  window 
for  business  purposes  or  store  fronts,  canopy  or  other  fixture,  not 
above  mentioned,  project  more  than  eighteen  inches  over  any 
sidewalk  in  any  street,  avenue  or  public  place  in  this  city;  and 
no  stoop  or  steps  shall  extend  more  than  one-eleventh  part  of 
the  breadth  of  said  street  or  avenue;  nor  in  any  case  more  than 
eight  feet  from  the  building  to  which  it  belongs;  nor  shall  any 
cellar  door  or  platform  extend  into  and  upon  any  sidewalk  or 
street  more  than  three  feet;  and  any  person  or  persons  guilty  ot 
violating  these  regulations,  or  any  of  them,  shall  incur  a  penalty 
of  twenty-five  dollars  for  each  offense,  and  a  like  penalty  for 
every  day  auy  such  offense  shall  be  continued;  provided,  how- 
ever, that  nothing  in  this  section  contained  shall  apply  to  the 
putting  up  of  awnings  made  of  cloth  or  canvass. 

Awnings. 

§  18.  No  awning  shall  be  put  or  maintained  in  any  street  of 
the  city  at  a  greater  height,  measuring  from  the  inside  thereof 
next  to  the  building  in  front  of  which  it  is,  than  the  height  of 
the  sills  of  the  second  story  windows  of  sucli  building;  and  no 
awning  extending  beyond  the  stoop  or  platform  of  any  buildings, 


City  of  Albany.  683 

sliall  be  put  up  or  maintained  in  any  of  the  streets  of  this  city, 
unless  the  same  shall  extend  over  and  across  the  sidewalk  in 
front  of  said  building,  and  all  posts  fixed  in  any  street,  for  the 
purpose  of  supporting  an  awning  shall  be  of  iron,  and  the  said 
posts  shall  be  placed  next  to  and  along  the  inside  of  the  curb- 
stone, and  shall  be  at  least  nine  feet  in  height,  and  where  said 
posts  shall  be  connected,  the  connections  shall  be  with  iron  rails, 
and  the  rails  shall  be  at  least  eight  feet  above  the  sidewalk;  and 
any  person  wlio  shall  erect  or  maintain  an  awning  contrary  to 
this  regulation,  shall  incur  a  penalty  of  five  dollars,  and  a  like 
penalty  for  every  day  he  shall  keep  up  such  awning,  after  notice 
in  writing  from  the  Chief  of  Police,  who  is  hereby  authorized  to 
remove  the  same  if  it  be  not  taken  down  after  notification. 

Canvas  or  cloth  awnings. 

§  19.  No  part  of  any  cloth  or  canvas  used  for  any  awning  shall 
hang  down  over  the  sidewalk,  unless  the  lower  edge  thereof  be 
at  least  eiglit  feet  above  the  pavement;  and  any  person  violating 
this  regulation  shall  incur  a  penalty  of  five  dollars  for  each  day 
lu'  shall  offend  against  it. 

(As  aiiu-nded  July  C.  1886.) 

Suspending  of  merchandise  on  streets. 

§20.  No  person  sliall  hang  out  or  suspi'ud  over  anj'  street  in 
the  city  auj'  goods,  wares,  merchandise  or  other  thing  in  front  of 
his  store,  house  or  other  building,  at  a  greater  distance  therefrom 
than  eighteen  inches,  or  at  a  greater  height  than  four  feet  from 
tlie  pavement.  Nor  shall  any  person  place  in  any  such  street  any 
goods,  wan>s,  merchandise  or  other  thing  in  front  of  his  house, 
store  or  otlier  building,  at  a  greater  distance  therefrom  than 
three  feet,  or  so  as  to  reach  more  than  four  feet  above  the  pave- 
ment; and  whoever  shall  offend  against  the  provisions  of  this 
section  shall  incur  a  penalty  of  five  dollars  for  the  first  offense, 
and  a  penaltj'  of  twenty-five  dollars  for  every  subsequent 
offense;  provided,  however,  that  nothing  in  this  section  con- 
tained shall  apply  to  fixtures  or  awnings,  or  to  articles  in  the 
course  of  transportation  in  or  out  of  any  building. 

Balcony. 

§21.  Xo  l)al(uny  shall  \w  erected  in  this  city  witliout  written 
permission  from  the  Street  Commissioner;  nor  shall  any  be 
erected  except  from  the  second  storj'  of  the  building  to  which  it 


684  Ordinances  of  the 

belongs;  nor  .shall  any  balcony  project  over  the  street  more  than 
three  feet,  or  be  otherwise  constructed  than  with  iron  braces  and 
railing;  and  whoever  shall  violate  any  of  these  regulations  shall 
incur  a  penalty  of  ten  dollars  for  each  offense,  and  a  like  penalty 
for  every  day  such  offense  shall  be  continued  after  one  convic- 
tion; and  the  offense  shall  be  taken  as  continuing,  within  the 
meaning  of  this  section,  so  long  as  the  balcony  erected  or  con- 
structed contrary  to  said  regulations  shall  remain,  and  the  per- 
mission or  other  requirements  aforesaid  shall  not  be  obtained  or 
complied  with. 

Exposing  merchandise  from  balcony. 

§  22.  No  goods,  wares,  merchandise,  manufactures  or  other 
articles  shall  be  placed  or  exposed  to  show  or  for  sale  upon  or 
from  any  l)alcony  in  this  city,  under  the  penalty  of  ten  dollars 
for  each  offense. 

Signs  from  tree  boxes. — Swinging  or  hanging  advertisements. 
§23.  No  person  shall  erect  or  maintain,  or  cause  to  be  erected 
or  maintained,  any  box,  board,  or  other  article  or  thing,  or  use 
any  tree  box  in  any  street  of  the  city  for  the  purpose  of  signs 
or  advertising,   nor  swing  or  hang,   or  cause  to  be   swung  or 
hung,  any  flag  or  awning  across  any  of  the  streets  or  sidewalks 
in  the  city  for  a  like  purpose,  unless  he  shall  first  have  obtained 
the  consent  of  the  Common  Council  by  a  two-third  vote  of  all 
the  members  thereof,  approved  by  the  Mayor,  under  a  penalty  of 
ten  dollars  for  every  day  the  same  is  maintained.    And  the  Chief 
of  Police  is  hereby  authorized  to  remove  any  box,  board,  flag, 
awning  or  other  article  maintained  contrary  hereto,  and  to  enter 
upon  or  in  any  building  or  premises  for  that  purpose.    The  Mayor 
may  give  permission    in    writing,    to    any    person  or  persons  to 
occupy,  for  a  term  not  exceeding  six  months,  any  portion  of  a 
street  or  sidewalk,  not  exceeding  one-fourth  part  of  either,  for 
business  or  manufacturing  purposes;    but   no   such   permission 
shall  be  operative  until  the  person  or  persons  to  whom  such  per- 
mission is  granted  shall  make  and  execute  a  bond  with  suflicient 
sureties  to  be  approved  by  the  Mayor  and  filed  in  his  -office,  con- 
ditioned for  the  protection  and  indemnity  of  the  city  of  and  from 
any  and  all  costs,  charges,  claims  or  damages  arising  from  or 
growing  out  of  any  article  or  thing  placed  upon  or  in  said  side- 
walk or  street  pursuant  to  said  premises. 


City  of  Albany.  685 

Trespassers. 

§  24.  Any  person  digging,  taking  or  carrying  away  any  earth 
or  sand  from  any  of  the  streets,  lanes  or  alleys,  or  from  the 
public  squares,  or  from  any  of  the  lots  belonging  to  the  city  of 
Albany  (except  in  pursuance  of  some  law  or  resolution  of  the 
Common  Council,  or  by  virtue  of  some  order  of  a  magistrate,  or 
the  Board  of  Health,  for  the  removal  of  nuisances  or  obstruc- 
tions) shall  incur  a  penalty  of  one  dollar  for  every  offense. 

Oj  Streets. 

Regulations  as  to  sidewalks. 

§  25.  The  following  regulations  shall  be  ol»served  touching  all 
streets  in  this  city  which  shall  be  paved  or  repaved,  that  is  to 
say:  The  sidewalks  or  foot  paths  shall  be  paved  or  llagged  or 
retlagged  with  one  or  more  courses  of  llagstoue  of  sound  and 
durable  quality,  each  stone  to  be  not  less  than  four  feet  wide, 
extending  crosswise  with  the  walk,  not  less  than  two  feet  six 
inches  long,  and  not  less  than  two  inches  thick;  the  upper  sur- 
face to  be  dressed  smooth  and  the  edges  to  bt;  dressed  straight 
and  square,  and  to  be  laid  through  the  center  of  the  walk,  outside 
of  the  stoop  line.  The  remaining  width  of  walk  to  be  covered 
with  smooth,  hard  burned  paving  bricks,  unless  otherwise 
ordered  by  the  Common  Council.  The  bricks  shall  be  properly 
pounded  and  covered  with  clean,  coarse  sand;  and  the  brick  and 
flagstone  walks  shall  have  not  less  than  six  inches  in  depth  of 
clean  coarse  black  sand  or  gravel  under  the  same. 

The  sidewalks  shall  be  supported  by  curb-stones  of  the  best 
quality  of  North  river  bluestone,  not  less  than  three  feet  six 
inches  long,  and  to  be  of  uniform  thickness  of  four  inches,  and 
to  be  twenty  inches  in  depth,  with  the  face  and  upper  edge 
dres.sed  to  a  line,  and  the  top  cut  to  a  uniform  bevel  with  the 
front,  and  the  ends  dressed  to  make  close  joints.  The  corners  of 
streets  shall  be  provided  with  cut  bluestone  circular  curb  in  sets 
of  three  pieces  each,  each  piece  three  feet  long,  of  the  same  thick- 
ness and  width  as  the  curb  in  the  other  portions  of  the  street, 
and  to  be  cut  to  the  radius  required  for  tiie  intei'section  of  the 
curb.  The  curb  shall  be  set  truly  to  the  lines  and  grades  upon 
not  less  than  one  foot  in  depth  of  clean  coarse  black  sand,  and 
the  curb-stone  shall  have  one  foot  in  width  of  said  sand  back  of 
the  curb  and  for  one  foot  in  depth  below.     The  width  of  the 


686  Ordinances  of  the 

sidewalks,  measuring  from  tlie  outfir  line  of  the  street  on  each 
side,  shall  be  as  follows: 

1.  In  all  streets  twenty  to  twenty-five  feet  wide,  four  feet. 

2.  In  all  streets  twenty-five  to  thirty  feet  wide,  six  feet. 

3.  In  all  streets  thirty  to  thirty-five  feet  wide,  eight  feet. 

4.  In  all  streets  thirty-five  to  forty  feet  wide,  nine  feet. 

5.  In  all  streets  forty  to  forty-five  feet  wide,  ten  feet. 

6.  In  all  streets  forty-five  to  fifty  feet  wide,  eleven  feet. 

7.  In  all  streets  fifty  to  fifty-five  feet  wide,  twelve  feet. 

8.  In  all  streets  fifty-five  to  sixty  feet  wide,  thirteen  feet. 

9.  In  all  streets  sixty  to  sixty-five  feet  wide,  fourteen  feet. 

10.  In  all  streets  sixty-five  to  seventy  feet  wide,  fifteen  feet. 

11.  In  all  streets  seventy  to  seventy-five  feet  wide,  sixteen  feet. 

12.  In  all  streets  seventy-five  to  eighty  feet  wide,  seventeen 
feet. 

13.  In  all  streets  eighty  to  eighty-five  feet  wide,  eighteen  feet. 

14.  In  all  streets  eighty-five  to  ninety  feet  wide,  nineteen  feet. 
IB.  In  all  streets  ninety  to  ninety-five  feet  wide,  twenty  feet. 

16.  In  all  streets  ninety-five  to  one  hundred  feet  wide,  twenty- 
one  feet. 

17.  In  all  streets  one  hundred  feet  or  more  wide,  twenty-two 
feet. 

18.  In  all  streets  and  alleys  less  than  twenty  feet  wide,  one 
course  of  bridge  cross-walk  stone  two  feet  wide  shall  be  used  in 
place  of  flag  and  curb;  and  upon  streets  not  curbed  and  paved, 
one  course  of  flag-stone  shall  be  laid  instead  of  plank. 

Grades  to  regulate  curb  height. — Depth  of  gutters. — Passage 
for  carriages,  etc. — Granite  blocks. — Cross-walks  to  be 
Belgian  bridge  stone. — Sewers  to  be  laid  before  paving. — 
House  drains  from  sewers. 

The  grades  of  the  several  streets  and  avenues  shall  regulate 
the  curb  height;  and  the  grade  of  the  sidewalk  and  carriage-way 
shall  be  regulated  from  such  curb  height.  The  sidewalk  shall 
ascend  from  the  curb  to  the  back  of  the  walk  on  one  plane,  at  the 
rate  of  one-half  inch  for  each  foot;  and  the  depth  of  gutter  apd 
crown  of  street  and  the  pavement  at  the  intersecting  of  streets, 
shall  be  regulated  in  accordance  with  the  following  directions, 
namely:  The  gutters  to  be  not  less  than  six  inches  nor  more  than 
nine  inches  in  depth  below  the  curb  height,  unless  otherwise 
ordered  by  the  Board  of  Contract  and  Apportionment;  and  in 
the  carriage-way  of  streets  paved  with  cobble-stone,  for  every 


CiTT  OF  Albany.  687 

twentj'-four  inches  the  carriage-way  shall  measure  from  the  curb 
liue  to  the  middle  of  the  street,  the  arch  or  rounding  thereof  shall 
be  raised  one  inch,  but  not  to  exceed  nine  inches  in  the  height 
of  the  crown  above  the  gutter;  and  when  the  carriage-way  shall 
be  paved  or  repaved  with  granite  or  other  block  pavement,  such 
arch  or  rounding  shall  not  exceed  one  inch  rise  for  every  three 
feet  the  carriage-way  shall  measure  from  the  curb  or  gutter  line 
to  the  middle  of  the  street.  That  part  of  the  sti'eet  between  the 
sidewalks  shall  be  a  cartway  or  passage  for  carriages  and  other 
vehicles.  It  shall  have  a  gutter  or  kennel  upon  each  side  thereof 
next  adjoining  the  foot  path,  and  sliall  be  paved  with  good  and 
sufficient  stone.  When  cobble-stones  are  used  in  paving  or 
repaviug,  the  following  specification  and  regulation  sliall  be  com- 
plied with,  namely:  The  cobble-stone  shall  be  sound,  not  less 
than  six  nor  more  than  ten  inches  in  their  greatest  length,  and 
to  be  paved  with  the  longest  diameter  perpendicular  to  the  grade 
line  or  surface  of  the  street,  and  to  be  placed  close  together,  to 
give  a  good  and  sufficient  bond  to  keep  the  stone  in  place,  and 
to  be  paved  upon  a  bed  of  clean  coarse  sand,  free  from  loam 
and  eighteen  inches  deep,  measuring  from  the  upper  surface  of 
the  pavement;  the  pavement  to  be  well  and  thoroughly  pounded 
or  rammed  to  a  firm,  unyielding  bed,  with  a  uniform  surface, 
and  covered  with  clean  coarse  gravel  one  inch  deep.  When 
granite  block  or  other  stone  block  pavement  is  laid,  the  following 
specification  and  regulation  shall  be  complied  with,  namely:  The 
stone  blocks  shall  be  equal  in  quality,  form  and  finish  to  the  best 
standard  blocks  heretofore  furnished  and  laid  in  paving  the 
several  streets  in  this  city,  and  not  less  than  three  and  one-half 
(3  1-2)  nor  more  than  five  (5)  inches  wide  across  their  upper  and 
lower  faces;  not  less  than  seven  (7)  nor  more  than  eight  (8) 
inches  deep,  and  not  less  than  eight  (8)  nor  more  than  fourteen 
(14)  inches  long,  except  where  shorter  stones  are  necessary  to  fill 
out  lines  of  pavement,  and  shall  be  substantially  square  and 
smooth  on  all  their  faces,  and  at  least  one-half  of  tue  stone  to  be 
ten  (10)  inches  or  over  in  length;  and  the  blocks  of  the  several 
lengtlis  shall  be  distributed  generally  through  the  paved  surface 
of  the  street,  so  as  to  produce  non-uniformity  in  the  length  of  the 
atone;  and  that  said  stone  be  placed  in  such  position  and  loca- 
tion, and  the  carriage-way  formed  in  such  manner,  as  to  make 
the  most  substantial  and  durable  pavement.  Such  stone  to  be 
selected  so  as  to  make  each  course  uniform  in  width,  and  be 
paved  with  their  longest  dimensions  perpendicular  to  the  center 


(588  Ordinances  of  tee 

liue  of  the  street,  aud  upon  straight  lines  across  tlie  carriage-way, 
except  at  intersecting  streets,  and  to  be  placed  close  together,  to 
give  a  good  aud  sufficient  bond  to  keep  the  stone  in  place,  and 
paved  upon  a  bed  of  clean  coarse  black  or  river  sand,  free  from 
loam,  and  not  less  than  twelve  inches  deep.  All  the  blocks  of 
pavement  shall  be  well  and  thoroughly  pounded  or  rammed  with 
a  uniform  force  and  weight  to  a  Arm  bed,  and  all  stones  which 
settle  below  the  grade  line  shall  be  raised  by  the  person  pound- 
ing, and  reset  and  repounded  until  the  stone  blocks  are  brought 
to  a  uniform  surface  and  unyielding  bed.  The  paving  sand  shall 
be  swept  into  the  joints  of  the  stone,  the  surplus  of  sand  removed, 
and  the  pavement  covered  with  clean  coarse  gravel  one  inch 
deep.  Cross-walks,  known  as  Belgian  bridge  stone,  are  to  be  laid 
at  tlie  intersection  of  streets,  and  near  the  center  of  blocks,  two 
courses  of  stone  each,  each  course  two  feet  wide  and  not  less 
than  five  nor  more  than  eight  inches  thick,  and  not  less  than 
three  feet  six  inches  nor  more  than  six  feet  long,  with  straight 
and  square  edges,  to  be  laid  in  the  usual  manner,  upon  not  less 
than  twelve  inches  of  sand.  Sewers  shall  be  laid  in  the  street 
before  the  paving  of  the  surface  thereof;  and  all  street  sewers 
twenty  inches  and  under  in  diameter  shall  be  constructed  of 
vitriliod  stoneware  pipes,  fitted  with  socket  joint  and  branches 
for  house  connections.  The  joints  of  the  sewer  pipe  and  house 
drains  shall  be  packed  with  cement  mortar.  All  sewers  over 
twenty  inches  in  diameter  shall  be  constructed  of  hard  burned 
bricks,  two  rings  thick,  laid  in  cement  mortar  of  the  usual 
quality.  Such  pipe  and  brick  sewers  to  be  in  size  proportioned  to 
the  work  performed,  and  laid  in  straight  lines  upon  true  grades, 
and  properly  curved  at  intersection  of  streets.  House  drains 
extending  from  the  street  sewers  shall  be  constructed  of  vitrified 
sewer  pipe,  not  exceeding  eight  inches  in  diameter,  and  properly 
trapped  between  the  sewer  and  house  line. 

Coal  ashes  or  coal  dust  not  to  be  used  in  paving. 

Whoever  shall  be  guilty  of  violating  any  of  the  above  regula- 
tions, shall  incur  a  penalty  of  not  less  than  five  dollars  nor  more 
than  twenty-five  dollars  therefor.  It  shall  not  be  lawful  for  any 
person  to  use  coal  ashes  or  coal  dust  in  paving  any  of  the  streets 
in  this  city,  aud  any  person  violating  this  provision  shall  incur  a 
penalty  of  ten  dollars  therefor. 


City  of  Albany.  689 

Owners  to  repair  street,  etc. 

§  26.  The  owner  of  ;iuy  house,  other  buildiug  or  lot,  froutiug 
upon  any  street  in  this  city,  except  wlieu  such  owner  is  exempt 
by  law  from  so  doing,  shall  at  his  own  proper  charge  and  expense, 
keep  and  maintain  in  good  repair,  and  level,  pitch  and 
pave  .so  much  of  the  said  street  to  the  middle  thereof,  as  lies  in 
front  of  his  said  house,  building  or  lot,  and  repair  so  mucli  of  the 
same  as  may  be  from  time  to  time  taken  up  for  making  drains 
or  .sewers;  and  shall  perform  the  duties  imposed  by  this  section 
at  such  times  and  in  such  manner  as  shall  be  required  by  law; 
and  if  any  sucli  owner  shall  refuse,  neglect  or  delay  to  perform 
any  of  tlie  aforesaid  duties,  when  so  required,  he  shall  incur  a 
penalty  of  flve  dollars  for  eacli  day's  neglect  or  refusal  so  to 
comply  with  such  riMiuirements. 

Street  Commissioner  may  repair. 

§27.  If  any  sucli  owner  shall  refuse,  neglect  or  delay  to  make, 
repair  or  keep  and  maintain  in  repair,  his  aforesaid  proportion 
of  any  such  street  in  tlie  manner  aforesaid,  after  he  shall  have 
been  legally  notified  so  to  do  by  tlie  Street  Commissioner,  as 
provided  by  title  ten  of  chapter  two  hundred  and  ninety-eight  of 
the  Laws  of  eighteen  hundred  and  eighty-three,  and  the  laws 
amendatory  thereof  and  supplemental  thereto,  it  shall  be  lawful 
for  such  Street  Commissioner,  to  cause  the  work  or  repairs  to 
be  done  (and  that  without  advertising  for  proposals  for  the 
same);  and  when  completed,  to  cause  an  account  and  apportion- 
ment of  the  expense  thereof  to  be  made  and  returned  according 
to  the  provisions  of  said  chapter  two  hundred  and  ninety-eight 
of  the  Laws  of  eighteen  hundred  and  eighty-tliree. 

Snow  and  ice  to  be  removed. 

S  28.  Every  owner  or  occupant  of  any  liouse  or  (tthi-r  l)uii<liiig. 
and  the  owner  or  proprietor,  lessee,  or  person  entitled  to  tlie 
pos.sessi()n  of  any  vacant  lot.  and  every  person  having  tlie  charge 
of  anj'  church,  cemetery,  jail  or  other  public  building  in  this  city, 
shall,  during  the  winter  season,  and  during  the  time  snow  shall 
continue  on  the  ground,  by  ten  o'clock  on  every  morning,  when 
necessary,  clear  the  sidewalks  and  gutters  in  front  of  such  house 
or  other  building  and  in  front  of  such  lot.  from  snow  and  ice, 
and  keep  them  conveniently  free  therefrom  during  the  day;  or 
shall,  in  case  the  snow  and  ice  are  so  congealed  that  they  cannot 
•  be  removed  without  injury  to  the  pavement,  cause  the  said  snow 

44 


690  Ordinances  of  tue 

aud  ice  to  be  strewed  with  ashes  or  saud;  and  shall  also,  at  all 
times,  keep  such  sidewalk  cleau  aud  free  from  all  dirt,  tilth  or 
other  obstructious  or  iucumbrauces,  so  as  to  allow  of  the  citizens 
using  the  said  sidewalks  in  an  easy  and  commodious  manner; 
and  every  person  neglecting  or  refusing  to  comply  with  this  law, 
shall  incur  a  penalty  of  two  dollars  for  each  neglect  or  refusal; 
and  the  Street  Commissioner,  Superintendents,  the  Police  Jus- 
tices, officers  and  members  of  the  police,  are  especially  enjoined 
to  see  this  law  carried  into  effect. 

Snow  or  ice  not  to  be  dumped  on  Steamboat  square. 

§  29.  No  person  shall  cast,  throw  or  dump  any  snow  or  ice 
into  or  upon  the  Steamboat  square,  at  any  place  between  the 
river  and  the  cross-walk  which  runs  on  the  east  side  of  Broad- 
way, between  Madison  avenue  and  Hodge  street,  excepting  that 
the  snow  and  ice  from  the  sidewalks  on  the  north  side  of  Hodge 
street,  and  the  south  side  of  Madison  avenue,  Ijetweeu  Broadway 
and  the  river,  may  be  shoveled  or  cast  thereon. 

Penalty. 

§  30.  Any  person  violating  tlie  provisions  of  this  ordinance  shall 
be  liable  to  a  penalty  of  five  dollars  for  each  and  every  offense. 

Streets  to  be  swept. — Streets  to  be  sprinkled. 

§  31.  Every  owner  or  occupant,  or  person  having  charge  of  any 
house,  building  or  vacant  lot,  in  any  of  the  streets  of  this  city 
now  paved,  or  which  shall  hereafter  be  paved  (excepting  such 
lots  on  which  buildings  are  being  erected,  or  on  which  materials 
for  buildings  or  paving  are  laid),  shall  cause  that  part  of  the 
street  which  any  such  house,  building  or  lot  may  front,  to  the 
middle  thereof,  to  be  swept  or  scraped  and  the  dirt  or  manure 
to  be  collected  in  lieaps  convenient  to  be  carted  away,  at  such 
times  as  now  are  or  may  hereafter  bo  prescribed  by  the  Street 
times  as  now  are  or  may  hereafter  be  prescribed  by  the  Chief  of 
Police,  and  previous  to  its  being  swept  or  scraped,  the  said  street 
shall  be  sufficiently  sprinkled  with  water,  so  as  to  prevent  the 
dust  from  rising;  and  every  owner,  occupant  or  person  having 
charge  of  any  house,  building  or  vacant  lot  on  Quay  street,  front- 
ing on  the  public  wharf,  shall  cause  such  part  of  said  street 
wliicli  said  Iiouse,  building  or  lot  may  front,  to  be  swept  or 
scraped  from  each  extremity  of  the  pavement  to  the  nnddle  of 
said  street,  and  the  dirt  or  manure  to  be  collected  in  heaps  con- 


City  of  Albany.  691 

veuiout  to  be  carried  away;  and  for  each  and  every  neglect  or 
refusal  to  comply  with  this  law  or  any  pari  thereof,  the  owner 
or  occupant  of  any  such  house  or  lot  shall  forfeit  the  sum  of  one 
dollar. 

Duty  of  contractors. 

1.  No  person  who  shall  have  contracted  to  remove  the  dirt 
from  any  street,  lane  or  alley  in  this  city,  shall  allow  the  same 
to  x'emain  after  the  time  has  elapsed  within  which  the  same 
should  have  been  removed  by  him,  under  penalty  of  ten  dollars 
for  each  offense  in  each  such  street,  lane  or  alley.  Any  person 
may  remove  the  dirt  so  left  by  said  contractor,  after  the  time 
has  elapsed  in  wliich  the  said  contractor  should  have  removed 
the  same,  and  may  maintain  an  action  to  recover  the  said 
penalty,  on  the  l)ond  given  by  said  contractor,  for  the  perform- 
ance of  his  contract,  in  the  name  of  the  city;  and  recover  therein 
the  penalty  in  this  section  prescribed. 

Persons  commencing  actions  to  file  bond. 

2.  No  person  shall  commence  an  action  under  this  section,  in 
the  name  of  the  city  (except  the  Chamberlain  and  the  captains 
and  ofticers  of  police),  unless  he  shall  tirst  tile  a  bond  with  the 
Street  Department,  with  sufficient  surety  to  be  approved  by  the 
Street  Conmjissioner,  conditioned  to  pay  all  costs  that  may  be 
awarded  against  said  city  in  such  suit;  and  after  said  bond  is 
given  and  sureties  approved,  such  person  may  prosecute  any 
suit  under  this  section,  in  the  name  of  the  city,  for  any  violation 
of  said  section,  and  shall  be  entitled  to  receive  from  the  Cham- 
berlain half  the  amount  of  anj'  recovery  in  such  suit. 

Incompleted  pavements. 

S  32.  No  person  .shall,  with  a  cart,  wagon  or  other  carriage,  pass 
over  anj'  pavement  which  has  not  been  completed,  or  is  not  well 
settled,  or  at  wliicli  any  person  shall  be  then  at  work,  under  tlie 
penalty  of  live  dollars  for  every  offense;  but  no  person  shall  be 
liable  to  any  penalty  under  this  law,  until  notice  has  been  given 
him  not  to  pass  over  or  upon  any  such  pavement;  and  it  shall 
bo  the  especial  duty  of  the  City  Superintendent,  and  the  men 
employed  in  the  making  or  laying  of  such  pavement,  to  give  such 
notice;  provided,  nevertheless,  that  such  notice  shall  not  be 
necessary  if  any  railing,  fence  or  other  obstruction  is  placed 
around  or  about  any  pavement  to  secure  the  same  against  any 


(392  OunrNANCES  of  the 

cart,  wagou  or  other  carnage  passing  over  it;  but  such  railing, 
fence  or  other  obstruction  shall  be  deemed  a  sutUeieut  notice  to 
all  persons  Avhonisoever. 

Removing  pavement  without  authority. 

§33.  Any  person  who  shall  injure  or  tear  up  any  paviMuent  or 
sidewalk,  or  any  part  thereof,  without  due  authority,  or  who 
shall  hinder  or  obstruct  the  making  or  repairing  any  pavement 
or  sidewalk  which  is  or  may  be  making  or  repairing,  under  any 
law  or  resolution  of  the  Common  Council,  or  who  shall  hinder  or 
obstruct  any  person  employed  by  the  Common  Council,  or  by  the 
Street  Commissioner,  Superintendents  of  Streets,  Board  of  Con- 
tract and  Apportionment,  or  either  of  them,  in  making  or 
repairing  such  pavement  or  sidewalk,  shall,  for  every  offense, 
incur  a  penalty  in  the  sum  of  ten  dollars. 

When  public  drain  may  be  laid. 

§  34.  No  person  shall  be  permitted  to  make,  construct  or  lay 
any  drain  or  sewer  from  his  lot  to  connect  with  or  enter  any 
common  drain  or  sewer  which  has  been  made  or  constructed 
under  any  law  requiring  the  expenses  thereof  to  be  assessed  upon 
the  houses  and  lots  benefited  by  the  construction  of  such  common 
drain  or  sewer,  unless  the  house  and  lot,  or  lot  of  ground  from 
which  such  drain  is  laid  to  connect  or  enter  into  such  common 
drain  or  sewer  shall  have  been  included  in  such  assessment  as 
one  of  the  houses  and  lot  or  lots  of  ground  benefited  by  the  con- 
struction thereof,  except  under  the  provisions  hereinafter  men- 
tioned and  contained;  and  any  person  who  shall  violate  this  law 
shall  be  subject  to  a  penalty  of  twenty-five  dollars  for  so  con- 
necting Avith  or  entering  into  such  common  drain  or  sewer,  and 
of  one  dollar  for  every  day  thereafter  such  connection  shall 
continue. 

To  receive  permission  to  enter  drain. 

§  35.  The  owner  of  any  house  or  lot,  or  lot  of  ground,  Avho  shall 
desire  to  connect  his  drain  with  any  common  drain  or  sewer, 
for  the  construction  of  Avhich  his  house  and  lot,  or  lot,  shall  liot 
have  been  assessed,  shall  be  entitled  so  to  do  upon  leaving  a 
written  notice  in  the  Street  Department,  describing,  with  suffi- 
cient certainty,  the  situation  of  his  lot,  and  the  common  drain 
and  scAver  he  desires  to  connect  his  drain  from  said  lot  with,  and 
paying  to  the  Chamberlain  such  sum  of  money,  for  the  privilege, 
as  shall  be  determined  in  the  manner  hereinafter  stated. 


City  of  Albany.  693 

Permission,  how  given. 

§  36.  Wheiit'vor  any  such  notice  shall  be  left  in  the  Street 
I'repartnient,  it  shall  be  the  duty  of  the  Street  Commissioner, 
fortliwitli,  upon  a  personal  examination  of  the  ground,  to  ascer- 
tain and  determine,  in  writing,  what  sum  of  money  shall  be  paid 
by  any  such  applicant  for  such  privilege,  having  regard  to  the 
location  of  said  lot  of  ground,  and  the  original  expense  of  con- 
structing such  common  drain  or  sewer,  and  to  file  such  determi- 
nation with  the  Chamberlain;  and  before  such  applicant  shall 
enter  his  di'aiu  into,  or  connect  it  with  such  common  drain  and 
sewer,  he  shall  paj-  to  the  Chamlierlain  the  sum  of  money  so 
directed  to  be  paid,  unless  the  Common  Council  or  Board  of 
Contract  and  Apportionment,  upon  application  made  to  the 
board,  shall  see  fit,  by  resolution  for  that  purpose,  to  alter  such 
amount  so  determined  upon  by  the  Street  Commissioner. 

Cross  streets  to  be  clear. 

§  37.  Whenever  any  two  streets  in  tlie  city  shall  cross  each 
other,  their  crossing  shall  be  kept  clear  so  as  to  leave  a  passage 
over  it,  in  the  direction  of  each  street,  of  twenty-five  feet  in 
widtli,  free  from  all  vehicles,  excepting  such  as  may  be  actually 
passing  without  uunecessaiy  delay;  and  at  every  corner  made 
by  two  streets,  whether  they  cross  or  not,  a  passage  around  such 
corner  twenty-five  feet  wide,  and  extending  back  into  each  street 
twenty  feet  beyond  said  corner,  shall  be  kept  free  from  all 
vehicles  except  those  actually  passing  without  unnecessary  delay. 
And  whosoever  shall  stop  with  anj*  vehicle,  or  leave  the  same 
standing  upon  any  such  crossing  or  near  any  such  corner,  so  as 
to  interfere  witli  any  such  passage,  except  it  be  while  necessarily 
delayed  in  passing,  shall  incur  a  penalty  of  one  dollar  for  every 
offense. 

Cross-walks. 

g  38.  All  cross-walks  within  this  city  shall  be  reserved  and  kept 
free  from  any  sleighs,  wagons,  carts  or  carriages  being  placed 
tliereon,  except  so  far  as  may  be  neeessarj-  in  passing  or  repass- 
ing the  same,  without  continuing  thereon  any  longer;  and  the 
owner  or  driver  of  any  sleigh,  wagon,  cart  or  other  carriage, 
offending  in  the  premises,  sliall  forfeit  two  dollars;  and  no 
sleigli,  wagon,  cart  or  other  carriage,  shall  stand  or  be  placed 
within  five  feet  of  any  cross-walk  in  State  street,  under  the 
penalty  of  two  dollars  for  each  offense. 


694  Ordinances  of  the 

Areas. 

S  39.  No  area  in  front  of  any  building  in  tlie  city  of  Albany 
shall  extend  in  any  street  more  than  one-fifteenth  part  of  the 
width  thereof,  nor  more  than  four  feet,  measuring  from  the  inner 
wall  of  such  area  to  the  building,  nor  shall  the  railing  of  such 
area  l)e  placed  more  than  six  inches  from  the  inside  of  the  coping 
on  till'  wall  on  such  area,  and  said  coping  shall  be  placed  level 
with  the  sidewalk,  under  the  penalty  of  twenty-five  dollars,  to 
be  recovered  severally  from  both  the  owner  and  builder  of  such 
area. 

Areas,  how  to  open. 

i^  40.  Every  area  shall  be  inclosed  with  a  railing,  the  gates  ot 
which  shall  be  so  constructed  so  as  to  open  inwards,  under  the 
penalty  of  twenty-five  dollars,  to  bo  recovered  severally  from 
both  the  owner  and  the  builder  of  such  ai'ea. 

Openings  into  streets. 

§41.  No  opening  for  descent  from  any  street  or  alley  into  the 
cellar  or  basement  of  any  building  shall  be  of  greater  width  than 
four  feet  between  tlie  walls  or  railings  tliereof;  and  the  sides  of 
every  such  opening  shall  be  well  and  sufiiciently  guarded  by 
walls  or  railings;  and  every  person  owning  or  building  any  such 
opening  contrary  to  these  regulations  in  any  respect,  shall  sever- 
ally incur  a  penalty  of  twenty-five  dollars  for  each  offense. 

Cisterns  and  vaults. 

§42.  No  person  sliall  cause  or  procure  any  vault  or  cistern  to 
be  constructed  or  made  in  any  of  the  public  streets  of  the  city 
of  Albany  without  permission  of  the  Common  Council  of  said 
city,  under  the  penalty  of  twenty-five  dollars;  and  the  master- 
builder,  by  whom  and  under  whose  direction  such  vault  or 
cistern  shall  be  constructed  or  made,  shall  also  be  liable  to  a  like 
penalty. 

Permission. 

§  43.  Before  commencing  such  construction  tlio  person  applying 
for  permission  shall  pay  to  the  Cliamberlain  of  the  city  of  Albany 
such  sum.  not  exceeding  twenty  nor  less  than  five  dollars,  as 
shall  be  required  by  the  Common  Council;  and  if  any  such  vault 
or  cistern  shall  be  made  or  constructed  of  greater  dimensions 
than  specified  in  the  permission  given  by  the  Common  Council. 


City  of  Albany.  G95 

tlu>  owner  thereof  and  the  master-builder,  by  whom  and  under 
whose  direction  the  same  shall  have  been  made  or  constructed, 
shall  each  incur  a  penalty  of  the  sum  of  ten  dollars  for  every 
square  foot  of  ground  occupied  by  such  vault  or  cistern  over  and 
above  the  number  of  square  feet  specitied  as  aforesaid. 

Vaults  or  cisterns  to  be  of  brick  or  stone. 

§  44.  All  vaults  or  cisterns  which  shall  be  hereafter  constructed 
or  made  in  the  streets  as  aforesaid,  shall  be  constructed  or  made 
of  brick  or  stone,  and  the  top  of  the  vaults  well  secured,  and  the 
outer  side  of  the  grate  or  opening  into  the  street  shall  be  within 
twelve  inches  of  the  line  of  the  outside  of  the  curb-stone  of  the 
sidewalk,  or  else  within  twelve  inches  of  the  coping  of  the  area 
of  the  house  to  which  such  vault  belongs;  and  any  person  or 
persons  violating  any  of  the  provisions  of  this  section  shall  incur 
a  ])enalty  of  and  pay  the  sum  of  twenty-five  dollars  for  each 
offense,  to  be  paid  by  the  owner  or  person  constructing  such  area, 
vault  or  cistern. 

Lighted  lamp  near  open  vault  or  cistern. 

S  45.  Every  owner,  occupant  or  pi-rson  liaving  charge  of  any 
house  or  lot  of  ground  before  which  any  area,  vault  or  cistern 
shall  be  made,  in  any  of  the  streets  of  this  city,  shall,  during 
the  whole  of  every  night  while  such  area,  vault  or  cistern  shall 
be  uncovered,  cause  a  lighted  lamp  or  lantern  to  be  placed  and 
kept  lighted  at  some  convenient  spot,  so  as  to  cast  its  light  upon 
such  area,  vault  or  cistern,  under  the  penalty  of  ten  dollars  for 
each  and  every  night  or  part  of  a  night  during  which  such  lamp 
or  lantern  shall  be  neglected  to  be  placed  or  kept  lighted  as  afore- 
said. And  all  such  areas,  vaults  or  cisterns  shall  be  completed, 
and  the  ground  closed  over  them,  within  three  weeks  after  they 
are  conmienced.  under  the  penalty  of  five  dollars,  to  be  paid  by 
the  owner  or  owners  thereof  or  the  person  or  persons  construct- 
ing the  same,  for  every  day  thereafter  during  which  the  ground 
shall  remain  unclosed. 

Grates  of  vaults. 

§  46.  All  grates  to  such  vaults  shall  be  made  of  iron,  the  bars 
of  which  shall  be  three-fourths  of  an  inch  wide  and  half  an  inch 
thick,  and  not  more  than  three-fourths  of  an  inch  apart,  under 
the  penalty  of  twenty-five  dollars,  to  be  paid  by  the  owner  or 
owners  of  the  vault  over  which  such  grate  shall  be  placed. 


696  Ordinances  of  the 

Grates  not  to  be  removed. 

§  47.  No  person  shall  remove,  or  cause  or  procure  to  be  removed, 
any  grate  or  covering  to  the  opening  or  aperture  of  any  vault  in 
the  streets  of  said  city  without  inclosing  such  aperture  during 
the  time  such  grate  or  covering  is  removed  with  a  strong  box  or 
curb,  at  least  twelve  inches  higli,  and  firmly  securing  the  same, 
under  the  penalty  of  five  dollars  for  each  offense. 

Penalty  for  removing. 

S  48.  Any  person  wlio  shall  remove,  or  cause  or  procure  to  be 
removed,  any  such  grate  or  covi-ring,  and  who  shall  not  replace 
and  firmly  secure  the  same  witliin  one-lialf  an  hour  after  sunset 
on  the  same  day  on  which  it  was  removed,  shall  incur  a  penalty 
of  the  sum  of  five  dollars  for  each  offense. 

Curb. 

5;  49.  The  occupant  or  owner  of  every  liousc  or  other  ))uil(ling 
or  lot  on  any  of  the  streets  of  this  city  which  shall  hereafter  be 
newly  paved  or  repaved,  shall  cause  the  sidewalks  opposite  to 
such  house,  building  or  lot,  to  be  supported  by  curb-stones  on  the 
outer  edge  of  such  sidewalks;  the  curb-stones  to  be  of  such 
length  and  thickness,  and  cut,  prepared  and  laid  in  such  a  manner 
as  the  Street  Commissioner  or  Superintendents  of  Streets  shall 
direct;  and  if  any  owner  or  occupant  of  any  such  house,  building 
or  lot,  shall  neglect,  delay  or  refuse  to  cause  such  curb-stones  to 
be  so  set,  he  shall  for  every  such  default  forfeit  the  sura  of  three 
dollars;  and  in  such  case  the  Street  Commissioner  shall  cause 
such  curb-stones  to  be  laid,  and  the  expense  thereby  incurred 
shall  bo  paid  by  such  owner  or  occupant,  the  amount  thereof  to 
be  recovered  by  the  Chamberlain  in  an  action  of  debt,  or  appor- 
tioned and  assessed  by  the  Board  of  Contract  and  Apportion- 
ment, upon  the  property  benefited. 

Grade  not  to  be  changed. 

§  50.  No  part  or  portion  of  any  sidewalk  in  any  street  where 
the  grade  is  established,  shall  be  laid  or  repaved  at  any  dlffererrt 
grade  or  at  any  other  level  than  the  adjacent  portion  of  such 
sidewalk,  except  in  the  manner  provided  by  law;  and  for  every 
violation  of  this  section  a  penalty  of  ton  dollars  is  imposed  upon 
the  person  violating  the  same. 


City  of  Albany.  697 

Duty  of  street  Commissioner  where  wrong  level. 

§  51.  In  all  cases  where  any  portion  of  a  sidewalk  and  street 
pavement  shall  be  or  has  been  constructed  at  a  different  level 
from  the  established  level  of  such  walk  or  street  pavement,  it 
shall  be  the  duty  of  the  Street  Commissioner  to  notify  the  owner 
of  the  property  in  front  of  which  any  sidewalk  is  so  laid,  in 
violation  of  the  provisions  of  this  ordinance,  to  cause  the  same 
to  be  conformed  to  the  level  of  such  sidewalk  and  street  pave- 
ment, within  a  reasonable  time  in  said  notice  to  be  specified,  and 
in  case  of  neglect  or  refusal  to  comply  with  such  requirement  it 
shall  be  lawful  for  the  Superintendent  to  cause  sucli  alteration 
to  be  made,  and  the  expense  thereof  shall  be  paid  by  such  owner, 
and  may  be  recovered  of  him  in  an  action  in  the  name  of  tlie 
Chamberlain,  or  apportion  the  expense  thereof  upon  the  property 
in  front  of  whlcli  such  work  was  done. 

Loose  cobble-stone  in  street. 

S  52.  No  person  or  piTsons  shall  suiter  or  allow  to  be  or  remain 
in  front  of  his  or  their  premises  any  lose  cobble-stones  or  other 
loose  parts  or  pieces  of  pavements,  and  the  Street  Commissioner 
is  authorized  to  collect  and  gather  all  loose  cobble-stones  and 
other  loose  pieces  or  parts  of  pavements,  and  appropriate  them 
to  the  use  of  the  city. 

Plumbers  to  obtain  license. — Bond. 

S  53.  If  any  person,  association  of  persons  or  any  municli»al 
board  or  commission  shall  desire  to  open  the  carriage-way  of  any 
street,  public  S(iuare  or  avenue,  between  the  curb  lines,  for  the 
purpose  of  making  si'wer,  gas  or  water  connections,  or  for  any 
other  purpose,  and  said  carriage-way  shall  have  been  paved  with 
any  pavement  other  than  cobble-stones,  the  person,  association 
of  persons,  or  board  or  commission  aforesaid  desiring  to  make 
such  opening  must  tirst  deposit  with  the  Street  Commissioner 
siu'h  sum,  not  less  than  ten  dollars,  as  the  said  Street  Commis- 
sioner sliall  rstiinate  tlie  cost  of  repairs  of  the  pavement  bi'oken 
as  afoi'esai<l  shall  amount  to.  which  repairs  shall  include  the  cost 
of  i-emoving  the  pavement,  liack  filling  the  trenches  and  replacing 
the  pavement  removed.  All  such  repairs  must  l)e  made  under 
tli(>  direction  and  to  the  satisfaction  of  the  Street  Commissioner, 
liy  and  at  the  expense  of  the  person,  association  of  persons,  board 
or  commission  applying  for  such  permission  and  making  such 
deiK)sit  without  any  unnecessary  delay,  and  such  repairs  must  be 


698  Ordinances  of  the 

made  and  said  pavement  restored  to  as  good  state  and  condition 
as  it  was  in  before  said  opening  was  made.  Tlie  repairs  so  made 
sliall  be  examined  by  the  Street  Commissioner  at  tlie  expiration 
of  three  months  from  the  time  of  the  malving  of  said  opening  or 
oix'nings,  and  if  fonnd  to  be  improperly  made  or  that  tlie  pave- 
ment has  sunk  below  the  level  of  the  adjoining  sound  pavement, 
he  sliall  pi'oeeed  to  repair  the  same  and  charge  the  cost  tlu-reof 
against  the  sum  so  deposited  and  return  the  surplus,  if  any,  to 
the  depositor.  The  Street  Commissioner  may,  at  his  option,  per- 
mit nny  municipal  board  or  commission  to  perform  the  work  of 
removing  and  replacing  the  pavement  and  back  filling  the 
trenches  under  suitable  regulations  to  be  formulated  by  him.  Any 
violation  of  any  of  the  provisions  of  this  section  shall  be  deemed 
a  misdemeanor,  and  shall  be  punishable  by  a  fine  of  not  exceed- 
ing twenty-five  dollars  for  each  and  every  offense. 

Permit  for  connecting  water  supply  pipes. 

1.  No  plumber  or  other  person  shall  be  permitted  to  lay  down 
any  connecting  or  supply  pipes,  to  connect  with  the  distribution 
pipes  of  the  water-works  in  this  city,  unless  he  shall  have 
obtained  previously  thereto,  a  license  for  the  purpose  from  the 
Water  Commissioners,  and  shall  have  executed  and  delivered  to 
the  Chamberlain  of  the  city  of  Albany  a  bond,  with  one  or  more 
sureties,  to  be  approved  by  the  said  Chamberlain  in  the  penal 
sum  of  two  thousand  dollars,  conditioned  that  he  will  save  harm- 
less, and  indemnify  the  city  of  Albany,  of  and  from  all  accidents 
and  damages  that  may  be  caused  by  himself,  or  those  persons 
employed  by  him  in  the  opening  of  any  ti'unk  in  any  of  the 
streets,  lanes,  squares  or  avenues  in  the  city  of  Albany,  or  in 
laying  down  any  connecting  or  supply  pipes  with  the  water- 
works in  said  city,  or  any  other  pipes  or  fixtures  connected 
therewith;  and  will  well  and  truly  pay  all  such  damages,  costs 
and  expenses  as  may  accrue  therefrom,  and  will  also  restore  and 
replace  the  street  or  pavement,  where  the  same  consists  of 
cobble-stones,  over  such  trunk  or  opening,  in  as  good  a  state  and 
condition  as  he  found  it,  and  keep  and  maintain  the  same  in 
good  order,  to  the  satisfaction  of  the  Street  Commissioner,  for 
the  period  of  six  months  next  thereafter. 


City  of  Albany.  (J99 

Canceling  permits. 

2.  The  Water  Commissioners  may,  at  any  time,  cancel  and 
annul  any  license  they  may  have  given,  by  virtue  of  the  pro- 
visions of  this  section. 

Stop-cock  boxes. 

3.  All  stop-cock  boxes  inserted  in  any  of  the  sidewalks  of  this 
citj-  shall  be  inserted  immediately  within  the  curb-stone,  and  not 
more  than  six  inches  therefrom. 

4.  All  stop-cock  boxes  placed  in  auj'  street  or  sidewalk  of  this 
city,  shall  be  properly  covei'ed,  and  kept  covered,  with  a  metallic 
cap.  wliicli  shall  be  placed  and  kept  on  a  level  with  the  adjoining 
l)aveiiiint  or  sidewalk. 

It  shall  be  the  duty  of  the  owner  of  anj'  lot  adjoining  any  sucli 
sidewalk  to  comply  with  the  requirements  of  subdivisions  tlnve 
and  four  of  this  section. 

Any  person  violating  the  provisif)ns  of  tlie  second  oi-  tliird  suli 
division  of  this  section  shall  incur  a  penalty  of  the  sum  of  tln-ee 
dollars  for  each  offense,  and  for  every  eight  days  after  tlie  first 
conviction  that  such  box  or  cap  shall  be  peruntted  to  remain  In 
violation  of  the  requirements  of  either  said  second  or  third  sub- 
divisions of  this  section,  such  person  shall  forfeit  the  further 
sum  of  three  dollars  for  each  offense. 

Water  and  gas  boxes. 

§  54.  It  is  hereby  made  the  duty  of  the  several  captains  of 
police  of  the  several  districts,  to  give  notice  to  the  owners  or 
occupants  of  the  premises  In  front  of  which  are  placed  water 
boxes  or  gas  boxes,  to  cause  such  boxes  as  may  be  raised  or  pro- 
tinde  al)ove  the  level  of  tlie  sidewalk,  and  which  are  hereby 
declared  a  nuisance,  to  lie  made  level  with  the  same. 

Penalty. 

S  55.  All  persons  neglecting  to  conform  to*  such  notice  Avithln 
ten  days  aft<M-  they  shall  have  been  so  notified,  shall  be  liable 
to  a  penalty  of  one  dollar  for  every  day  they  may  so  neglect 
thereafter. 

Ball  playing  and  shinney. 

§56.  Rail  playing,  nnd  the  playing  of  the  game  commonly 
known  as  and  called  shinney,  is  hereby  prohibited  in  or  upon  any 
of  the  streets,  lanes,  i)arks,  squares,  docks  and  wharves  In  the 


700  Ordinances  of  the 

city,  under  tho  penalty  of  one  dollar  for  every  person  offending 
against  the  provisions  hereof. 

Hand  sleds. 

§  57.  No  person  sliall  u.se  any  small  or  Imnd  sled,  or  sled  without 
horses,    for  the   amusement   of  sliding   in   or   upon   any   of   the 
]>av('d  streets  or  avenues  of  the  city  of  Albany, 
penalty  of  one  dollar  for  each  offense. 

Ice  merchants. 

S  58.  Every  person  or  nssoeiation  of  persons  eng.-igcd  in  the 
business  or  occupation  of  gathering,  storing,  selling  or  delivering 
ice  to  customers  within  the  city  of  Albany,  and  the  agents,  S(>r- 
vauts  or  employes  of  any  such  person  or  association,  sliall,  in 
the  delivery  thereof  to  such  customers  or  any  person  wliatso- 
ever,  carry,  convey  and  deposit  the  same  within  the  building 
occupied  or  used  by  the  person  or  persons  to  whom  the  same  is 
intended  to  be  delivered  in  some  convenient  place  to  be  desig- 
nated by  such  customer.  And  no  person  or  association  of  per- 
sons, as  aforesaid,  nor  the  agent,  servant  nor  any  employe  thereof 
engaged  in  said  business  shall  deposit  or  place  any  ice  in  any 
quantity  whatsoever  on  any  of  the  public  streets,  avenues  or 
sidewalks  in  said  city. 

Penalty  for  violating  ordinance. 

§  59.  Whoever  shall  violate  any  of  the  provisions  of  section  fifty- 
eight  of  this  chapter  shall  be  deemed  guilty  of  a  misdemeanor, 
and  upon  conviction  thereof  shall  be  punished  for  each  and  every 
violation  by  a  fine  of  not  exceeding  twenty-five  dollars,  or  in 
default  thereof  by  imprisonment  not  exceeding  twenty-five  days. 

Removal  of  buildings  across  paved  streets. 

S  60.  No  person,  persons  or  corporation  sliall  move  any  building, 
shed  or  other  structure  now  or  hereafter  erected  on  any  lot  of 
land  in  the  city  of  Albany  into,  upon  or  through  any  of  the  public 
streets,  lanes,  avenues  or  public  squares  of  said  city  now  paved 
or  that  may  hereafter  be  paved  with  asphalt,  dimension  granite 
block  pavement  or  any  other  pavement  than  cobble-stone.  Any 
person,  persons  or  coiiioration  who  shall  violate  the  provisions  of 
this  section  shall  be  deemed  guilty  of  a  misdemeanor,  and  upon 
conviction  shall  be  punished  by  a  fine  of  not  exceeding  fifty 
dollars  for  each  offense. 


City  of  Albany.  701 

Removal  of  buildings  over  unpaved  streets. 

§  61.  Every  lu-nsuii  or  corporation  (U'siring  to  rt'iuovi'  a  building, 
shed  or  other  structure  into,  upon  or  over  any  unpaved  street, 
lane,  avenue  or  public  square  or  any  street,  lane,  avenue,  or 
public  square  paved  with  cobble-stones  shall  make  applica- 
tion to  the  Street  Commissioner,  stating  the  length,  width 
and  height  thereof,  materials  of  exterior  walls  and  roof,  the 
place  from  and  to  wliich  and  the  route  bj-  which  the  same 
is  to  be  carried  or  moved  and  the  time  required  for  removal, 
and  sliall  sign  an  agreement  to  make  said  building  conform 
to  the  requirements  of  law  for  a  new  l)uikling  in  the  new 
location.  Tlie  Street  Commissioner  shall  thereupon  have  said 
building  examined,  and  if  it  be  found  not  liable  to  endanger 
property  adjoining  the  route  of  the  proposed  removal,  or  to 
endanger  or  unduly  incommode  the  public,  shall,  with  the 
approval  of  the  Mayor,  issue  a  permit  for  its  removal. 

Lamp-posts. 

ij  62.  No  lamp-post  nor  any  of  the  apparatus  aud  appliances 
for  conducting  electricity  for  lighting  tlie  city  shall  be  disturbed 
except  l)y  special  written  consent  of  the  Street  Commissioner. 
Nor  shall  such  permit  be  so  construed  as  to  give  au}-  right, 
license  or  authority  to  cut  any  tree,  or  any  limb  or  Itraiicli  of  a 
tree,  standing  on  any  of  the  public  streets,  avenues,  lanes  or 
public  scjuares.  All  damages  done  to  public  or  private  properly 
sliall  bi'  repaired  at  tlie  expense  of  the  mover. 

Lights  on  buildings  being  removed. 

§  63.  Whenever  and  so  long  as  any  Ituilding.  shed  or  other 
structure,  or  any  section  of  the  same,  shall  remain  in  or  upon 
any  of  the  said  streets,  lanes,  avenues  or  public  squares,  wliile 
undergoing  the  operation  of  removal  as  aforesaid,  the  person 
removing  the  same  or  the  owner  thereof  shall  l)y  night  keep  a 
good  and  sufficient  light  at  each  end  of  said  building  aud  a 
suitable  watch  aliout  tlie  .same. 

License  for  removing  buildings. 

S  64.  No  person  sliall  move  any  building,  slied  or  otlier  structure 
through,  into  or  over  any  of  the  public  streets,  lanes,  avenues  or 
public  squares  of  said  city  of  Albany  without  being  licensed  for 
such  business.  Licenses  may  be  i.ssued  by  the  Street  Commis- 
sioner, with  the  approval  of  the  Mayor,  to  any  suitable  person 


70:^  Ordinances  of  the 

liliuy  iu  the  otliee  ol'  said  Street  Couuuis.sioiier  au  application 
tliei-efur,  accompanied  by  a  bond  in  tlie  suni  of  two  tliousaud 
dollars,  witli  satisfactory  surety,  for  compliance  with  the 
requirements  of  sections  sixty-three,  sixty-four,  sixty-live  or 
sixty-six  of  this  chapter.  Said  license  shall  be  forfeited  by  any 
violation  of  the  provisions  of  either  of  said  last  mentioned  sec- 
tions, and  shall  not  be  renewed  until  the  lines  and  penalties 
therein  incurred  are  satisfied.  And  any  person  or  corporation 
wlio  shall  violate  any  of  the  provisions  of  sections  sixty-one,  sixty- 
two,  sixty-three  or  sixty-four  of  this  chapter  shall  be  guilty  of 
a  misdemeanor  and,  upon  conviction  thereof,  shall  be  punished 
by  a  line  of  not  exceeding:  twenty-live  dollars  for  each  and  every 
offense. 


CHAPTER  39. 

Of  Bocks  and  WJuirvcfs. 
Section  1.  To  elect  how  to  pay  wharfage. 

2.  Kates  of  wharfage. 

3.  Vessels  at  anchor. 

4.  Obstructions  on  wharf. 

5.  Sale  of  merchandise  on  wharves. 

6.  Buying  or  selling  fish,  etc. 

7.  Injuring  dock. 

8.  Vessels  not  employed  on  Hudson  river  or  canal. 

9.  Deepening  basin. 

10.  Sunken  vessels. 

11.  Driving  over  bridges. 

12.  Hackmen  and  cartmeu  crossing  bridges. 

13.  Removal  of  vessels. 

14.  Meaning  of  word  "  vessel." 

To  elect  how  to  pay  wharfage. 

Section  1.  The  man  or  person  having  charge  of  any  vessel 
which  shall  come  to  or  lie  at  or  witliin  any  of  the  docks,  wharves, 
piers  or  slips,  shall,  immediately  after  such  vessel  shall  come  to, 
or  lie  at  or  within  any  such  dock,  wharf,  pier  or  slip,  make  his 
election  and  declare  to  the  owner,  agent  or  superintendent  of 
said  dock,  wharf,  pier  or  slip,  whether  he  elects  to  pay  for  the 
season,  or  for  the  number  of  days  such  vessel  shall  come  to  or 
lie  within  any  of  the  said  docks,  wharves  slips  or  piers;  if  such 
master  or  person  having  charge  of  any  vessel  shall  elect  to  pay 


City  of  A  lb  an  v.  703 

for  the  scasou,  lio  shall,  immediately  after  making  sucli  election, 
pay  the  -wharfage  for  the  season  to  the  owner,  agent  or  superin- 
tendent of  said  dock,  wharf,  slip  or  pier,  authorized  to  receive 
the  same.  If  sucli  master  or  person  having  charge  of  any  vessel 
shall  elect  to  pay  wliarfage  by  the  day,  he  shall  immediately  pay 
therefor  the  wharfage  at  the  rates  hereinafter  mentioned,  for  the 
day  on  which  such  vessel  shall  come  to,  or  lie  in  or  upon  any 
such  dock,  wharf,  slip  or  pier,  and  shall  pay  the  like  sum  for 
wharfage  for  every  day  such  vessel  shall  remain  lying  at  or  in 
any  such  dock,  wharf,  slip  or  pier,  at  such  time  in  the  morning 
of  the  day  for  whicli  such  wharfage  accrues,  as  the  person  hav- 
ing charge  thereof  shall,  from  time  to  time,  demand  the  same. 

Rates  of  wharfage. 

§2.  The  rates  of  wliarfage,  by  the  season,  shall  be  as  follows: 

For  every  vessel  being  of  the  burden  of  live  tons  and  under, 
one  dollar  and  six  cents;  and  for  every  vessel  above  that  burden, 
at  and  after  the  rate  of  twenty-seven  cents  for  every  ton  of  the 
burden  thereof  respectivelj'. 

The  rates  of  wharfage  for  the  day  sliall  be  as  follows,  that  is 
to  say. 

For  every  vessel  l)eing  of  tln'  l)unlen  of  five  tons  or  under,  at 
and  after  the  rate  of  ten  cents  per  day. 

For  every  vessel  of  from  five  to  twenty  tons  l)urden.  at  and 
after  the  rate  of  two  cents  per  ton  for  each  day. 

For  every  vessel  of  twenty  tons  and  over,  and  not  exceeding 
forty  tons  burden,  at  the  rate  of  one  cent  and  a  half  per  ton  for 
eacli  day,  and  one  cent  and  a  quarter  per  ton  for  each  day  for 
every  vessel  above  the  bunlen  of  forty  tons;  and  if  any  dispute 
shall  arise  concerning  tlie  tonnage  or  l)urden  of  any  vessel  liable 
to  pay  wharfage,  tlie  same  shall  be  determined  by  the  Mayor  or 
one  of  tlie  police  justices  of  the  city. 

Vessels  at  anchor. 

§  3.  Tlie  owner  or  person  having  cliarge  of  any  vessel  lying  at 
anchor  in  the  Hudson  river,  from  or  to  which  vessel  any  goods 
or  merchandise  shall  be  landed  or  embarked,  on  or  from  any 
s\ich  dock,  whai'f  or  slip,  shall  be  liable  to  pay  half  the  rate  of 
wliarfage  for  every  day  in  which  such  dock,  wharf  or  slip  sliall 
be  used  for  the  purpose  aforesaid. 


704  Ordinances  of  the 

Obstructions  ou  wharf. 

§4.  No  lumber,  wood,  stouo,  ballast,  boards,  planks,  merchan- 
dise, dirt,  filth,  or  other  article  whatsoever,  shall  be  piled  or 
deposited  ou  auy  street  or  streets  along  auj'  of  the  docks, 
wharves  or  slips,  within  thirty  feet  of  the  outer  extremity  of  said 
dock,  wharves  or  slips,  nor  within  twenty-five  feet  of  the  easterly 
side  of  the  pier;  nor  shall  any  lumber,  stone,  ballast,  iron  or  other 
like  heavy  article  or  merchandise  be  placed  or  unloaded  upon 
any  of  the  platforms  or  planking  along  the  wharves;  nor  shall 
any  person  drive  any  horse  or  horses  or  cattle  before  auy  cart, 
wagon  or  otherwise,  upon  said  platform  or  planking,  or  raised 
part  of  said  wharves,  except  it  be  for  loading  or  unloading  from 
vessels  lying  at  said  docks,  uuder  the  penalty  of  ten  dollars.  And 
in  case  the  owner,  or  person  depositing  auy  lumber,  wood,  stone, 
boards,  planks  or  other  article  of  merchandise,  contrary  to  this 
ordinance,  shall  refuse  to  remove  the  same  on  twenty-four  hours' 
notice,  the  Street  Commissioner,  or  either  of  the  Superintendents 
of  Streets,  shall  have  power  to  remove  the  same,  and  the  owner, 
or  person  or  persons  so  depositing  such  articles  shall  be  liable  in 
an  action  of  debt  for  the  expense  of  such  removal,  to  be  recovered 
in  the  name  of  the  Chamberlain  for  the  use  of  the  city. 

No  merchandise  to  be  sold  on  wharves,   etc. 

§  5.  No  person  or  persons  shall  sell  or  open  for  sale,  ou  auy  of 
the  wharves,  piers  or  bridges  in  this  city,  any  oysters  or  clams 
or  other  merchandise,  under  the  penalty  of  five  dollars. 

Buying  or  selling'  fish,   etc. 

§  6.  If  any  owner  or  master,  or  other  person  having  the  charge, 
use  or  control  of  auy  vessel  lying  at  or  within  auy  dock,  wharf, 
pier  or  slip,  in  this  city,  shall  buy  and  sell  any  oysters,  clams, 
shell  fish  or  fruit,  of  any  kind  or  description  whatsoever,  he  shall 
forfeit,  for  eacli  and  every  offense,  the  sum  of  twenty  dollars; 
provided,  nevertheless,  that  this  section  shall  not  extend  to  the 
case  of  the  owuers*  or  masters,  or  other  persons  having  the 
charge,  use  or  control  of  any  vessel  coming  to  said  docks, 
wharves  or  slips,  to  dispose  of  the  lading  which  they  may  bring 
to  this  city. 

Injuring  dock. 

§7.  No  person  sli;ill  in  any  manner  injure,  mutilate  or  deface 
any  wharf  pier,  dock  or  bridge  in  the  city  of  Albany,   under  a 


CiTT  OF  Albany.  705 

pt'ualty  of  five  dollars,  with  costs  of  repairing  such  injury,  and 
it  is  hereby  made  the  duty  of  the  Street  Commissioner  or  either 
of  the  Street  Superintendents  to  prosecute  all  violations  of  this 
section. 

Vessels  not  employed  in  navigation  of  Hudson  river  or  canal. 
— May  be  sold. 
§  8.  No  vessel  shall  lie  at  or  within  any  such  dock,  wharf,  pier 
or  slip  except  such  as  are  actually  employed  in  navigating  the 
Hudson  river  or  canals,  under  the  penalty  of  twenty-five  dollars; 
and  in  case  any  vessel  not  actually  employed  in  navigating  the 
Hudson  river  or  canals  shall  lie  witliin  any  basin,  dock,  wharf, 
pier  or  slip  in  said  city,  and  the  owner  or  owners  thereof  shall 
be  unknown  to  the  Street  Commissioner  of  said  city,  or  shall 
not  be  resident  or  residents  of  such  city,  it  shall  be  lawful,  and 
it  is  hereby  declared  to  be  the  duty  of  said  Street  Commissioner 
to  cause  a  notice  to  be  fixed  upon  some  conspicuous  part  of  said 
vessel,  requiring  the  owner  or  owners,  or  agent  or  agents  of  such 
owner  or  owners  thereof  to  remove  the  same  from  the  basin 
and  from  the  wharves  of  said  city  within  ten  days  after 
the  affixing  of  such  notice;  and  in  case  the  said  vessel  be 
not  removed  as  aforesaid,  within  the  time  aforesaid,  then,  and 
in  such  case,  it  shall  be  lawful,  and  is  made  the  duty  of 
the  Street  Commissioner  to  take  possession  of  such  vessel  and 
cause  the  same  to  be  removed  as  aforesaid,  and  at  public  auction 
to  sell  such  vessel,  or  the  materials  of  which  the  same  shall 
have  been  built  or  constructed,  to  defray  the  expenses  of  such 
removal;  the  said  Street  Commissioner  to  give  public  notice  for 
six  days,  in  some  one  of  the  otficial  newspapers  of  said  city,  of 
the  time  and  place  of  such  sale;  and  the  overplus  moneys,  if 
there  be  any  on  such  sale,  after  defraying  the  expenses  of  such 
removal  and  sale,  shall  be  returned  by  the  Street  Commissioner 
to  the  Chamberlain  of  said  city,  who  shall  repay  the  same  to 
such  person  or  persons  as  shall  produce  satisfactory  evidence  to 
the  Mayor  of  the  city  that  such  applicant  or  applicants  is  or  are 
the  proper  owner  or  owners  of  such  vessel  so  removed  as 
aforesaid. 

Deepening  basin. 

§  9.  Whenever  the  owner  of  any  of  the  docks  and  wharves  in 
this  city,  or  the  person  or  persons  having  the  care  and  manage- 
ment thereof  as  tenants,  guardians  of  infants,  executors  or  other- 

45 


706  Ordinances  of  the 

wise,  or  auy  porsoii  actiug  uudor  authority  of  the  Canal  Cumiiiis- 
sion  or  Canal  Board,  shall  be  actually  engaged  in  deepening  the 
water  in  front  of  such  dock  or  wharf  l>y  removing  ground  therein 
deposited,  and  any  vessel  or  any  remnant  or  part  thereof,  shall 
lie  or  be  against  or  opposite  the  said  dock  or  wharf,  so  as  to  pre- 
vent or  in  any  manner  obstruct  the  operation  of  removing  said 
ground,  and  complaint  thereof  be  made  to  the  Street  Commis- 
sioner by  any  person  aggrieved  thereby,  it  shall  be  the  duty  of 
the  said  Street  Commissioner  to  give  notice  of  such  complaint  to 
the  owner  or  owners  of  such  vessel,  or  of  such  remnant  or  part 
thereof  as  aforesaid,  or  to  such  person  or  persons  as  shall  be 
using  or  have  the  care  thereof;  and  if  the  same  shall  not  be 
removed  within  such  reasonable  time  after  said  notice  as  the 
said  Street  Commissioner  shall  appoint  for  that  purpose,  and 
signify  to  the  person  or  persons  on  whom  such  notice  shall  be 
served,  it  shall  be  the  duty  of  such  Street  Commissioner  to 
examine  such  vessel,  or  such  remnant  or  i)art  thereof  as  afore- 
said, and  if  the  same  shall  appear  to  him  to  prevent  or  in  any 
manner  obstruct  said  operation,  it  shall  and  may  be  lawful  for 
him  to  direct  and  cause  the  same  to  be  removed  as  a  public  nuis- 
ance, at  the  expense  of  the  owner  or  owners  thereof,  or  of  the 
person  or  persons  so  using  or  liaving  the  care  thereof  as  afore- 
said, to  be  recovered,  with  costs  of  suit  by  action  of  debt,  in  the 
name  of  the  person  or  persons  making  tlie  complaint,  who  shall 
in  the  first  place,  pay  said  expense. 

Sunken  vessel. 

§  10.  Whenever  any  vessel,  loaded  or  empty,  shall,  by  accident 
or  otherwise,  be  sunk  at  any  dock,  wharf  or  slip,  or  anywhere  in 
the  Hudson  river  opposite  to  the  city  of  Albany,  and  Avithin  the 
jurisdiction  thereof,  it  shall  be  the  duty  of  the  Street  Commis- 
sioner, under  the  direction  of  the  Mayor,  to  give  notice  to  the 
owner,  proprietor  or  any  person  sailing  such  vessel,  to  remove 
the  same  within  twenty-four  hours;  and  in  case  the  owner  or 
proprietor  is  unknown,  and  there  is  no  one  that  sails  the  same, 
to  give  notice  in  one  of  the  newspapers  printed  in  the  city  of 
Albany  at  least  one  week,  directing  the  removal  of  such  vessel 
as  aforesaid;  and  if  the  said  notice  is  not  complied  Avith,  then  it 
shall  be  lawful  for  the  Street  Commissioner  to  take  possession 
of  such  vessel,  craft,  boat  or  flat,  and  to  remove  the  same,  and 
at  public  auction  to  sell  such  vessel,  or  so  much  of  the  loading 
thereof  as  will  pay  the  expenses  of  such  removal. 


City  of  Albast.  707 

Not  to  drive  over  bridge  faster  than  a  walk. 

§  11.  No  pei'sou  or  per.sons  shall  pass  with  horses,  oxeu  or  other 
beasts  of  burden  over  either  of  the  al)Ove  bridges  across  the  said 
basin  faster  than  on  a  walk;  nor  shall  anj-  vessel  be  moored  or 
fastened  to  any  such  bridges;  and  every  person  offending  herein 
shall,  for  every  offense,  incur  a  penalty  of  the  sum  of  five  dollars. 

Hackmen  and  cartmen  crossing. 

§  12.  Xo  hackiiuiu,  cartmau,  or  auy  other  person  shall  occupy 
or  remain  on  either  of  said  bridges  with  any  hack,  cart,  wagon, 
carriage  or  any  other  vehicle,  for  any  longer  time  than  shall  or 
may  be  necessary  to  pass  or  repass  the  same  with  ordinary  dili- 
gence; and  every  person  offending  against  these  provisions,  or 
any  of  them,  shall  incur  a  penalty  of  the  sum  of  one  dollar;  and 
the  Superintendent  of  the  Pier  and  any  police  officer  of  the  city 
is  hereby  autliorized  to  remove  auy  such  hack,  cart  or  carriage 
offending  in  tlie  premises. 

Vessels  may  be  removed. 

§  13.  Whenever  an\'  vessel  shall  be  in  any  part  of  the  said 
basin,  without  having  any  person  on  board  thereof  to  take  charge 
of  the  same,  and  the  same  shall  not  be  in  the  course  of  loading 
or  unloading  a  cargo,  it  shall  and  may  be  lawful  for  the  Street 
Commissioner,  for  the  time  being  (in  ca.se  lie  shall  consider  such 
vessel  an  obstruction  to  the  free  and  lawful  use  of  said  basini, 
to  remove  the  same  to  such  place  or  places  where  they  will  cease 
to  be  such  obstruction  as  aforesaid,  the  expenses  of  which 
removal  shall  be  paid  by  the  owner  or  owners  of  such  vessel 
forming  such  obstruction. 

Meaning  of  word  vessel. 

§  14.  The  term  vessel,  used  in  this  chapter,  shall  be  taken  and 
construed  to  include  sloop,  boat,  flat,  float,  raft  or  any  other 
water  craft. 


708  Ordinances  oi<  the 

CHAPTER  40. 
Of  Laiiipn,  Ga.s  dial  Elect  vie   Li(/Jitn 

Section  1.  Street  Conuiiissioner,  chief  officer. 

2.  To  protect  public  lamps  and  lights. 

3.  Inventory. 

4.  Lamps  to  be  kept  in  good  order. 

5.  Horses  not  to  be  tied  to  posts,  etc. 

6.  Common  Council  to  direct  additional  lights,   etc. 

7.  Penalties. 

Street  Commissiouer  chief  officer. 

Section  1.  The  chief  officer  of  lamps,  gas  and  electric  liglits 
shall  be  the  Street  Commissiouex-,  whose  office  shall  be  in  tlie 
City  Hall,  as  hereinbefore  provided,  and  wlio  shall  liave  tlie 
general  charge  of  all  matters  n>lating  tliereto. 

To  protect  public  lamps  and  lights. 

§  2.  It  shall  be  the  duty  of  the  said  Street  Commissioner  to 
protect  the  public  laiups  and  lights  in  the  city,  and  see  that  they 
are  properly  lighted,  and  to  see  that  the  contracts  entered  into 
by  the  Board  of  Contract  and  Apportionment  in  reference  to 
lighting  or  the  furnishing  of  supplies  therefor,  are  fully  kept  and 
performed. 

Inventory. 

§  3.  The  Street  Commissioner  shall  annually,  on  the  first  Tues- 
day of  June,  file  in  the  office  of  the  Mayor  an  inventory,  in  which 
sliall  be  stated  the  number  of  gas  lamps,  oil  lamps  and  electric 
lights  in  the  city,  and  other  property  pertaining  to  such  lamps  in 
his  possession  or  under  his  control  or  management. 

Lamps  to  be  kept  in  good  order. 

§  4.  The  Street  Commissioner  shall  see  that  the  lamps  are  kept 
clean  and  in  good  order,  and  if  any  lamp-post  be  displaced  or 
otherwise  injured,  he  shall  cause  such  lamp-post  to  be  put  in 
good  order,  without  delay,  by  the  contractor.  The  Street  Com- 
missioner shall  cause  any  lamp  broken,  misplaced  or  injured,  to 
be  immediately  repaired  and  put  in  good  order  by  the  contractor, 
and  shall  diligently  inquire  for  the  names  of  the  persons  who 
occasioned  the  damage,  and  give  notice  thereof  to  a  police  justice, 
to  the  end  that  the  offenders  may  be  brought  to  justice. 


City  of  Albany.  709 

Horses  not  to  be  tied  to  posts,  etc. 

§  5.  No  person  shall  fasten  or  tie  to  anj-  lamp-post,  electric  light 
post  or  post  sustaining  or  supporting  the  wires  for  any  electric 
light  or  lights  or  sustaining  or  supporting  the  wires  for  trans- 
mitting any  electric  current,  any  horse  or  horses,  whether  har- 
nessed to  a  veliicle  or  not,  and  every  person  off«>nding  against  the 
l)r<)visions  of  tliis  section  shall  incur  therefor  a  penalty,  not 
exceeding  twenty-five  dollars,  for  sucli  offense. 

Common  Council  to  direct  additional  lamps  and  lights. 

§  6.  Whenever  it  shall  become  necessary  to  place  any  addi- 
tional oil  or  gas  lamps  or  electric  lights  in  this  city  the  Common 
Council  shall  direct  the  number  of  additional  oil  or  gas  lamps  or 
(dectric  lights  to  be  furnished,  and  the  work  of  setting  lamp-posts 
or  electric  light  posts  shall  be  done  under  the  direction  of  the 
Street  Commissioner  by  the  contractor  or  contractors  whose  duty 
it  may  be  to  do  such  work. 

Penalty  for  injuring  or  breaking  lamps  and  lights. 

§  7.  Any  person  who  shall  willfully  mark  or  in  any  mannt>r 
injure  or  break  any  public  lamp  or  lamp-post,  or  the  glass 
thereof,  or  shall  willfully  cut  down  or  in  any  manner  injure  or 
deface  any  electric  light  post,  or  tlie  lighting  apparatus  thereof, 
or  the  posts  sustaining  or  supporting  the  wires  for  the  electric 
lights,  or  the  globes  for  such  lights,  shall  incur  a  penalty  of  not 
less  than  live  nor  more  than  twenty-five  dollars  for  each  offense. 


CHAPTER  41. 

Of  Feiiwa. 

Section  1.  Fence-viewers. 

2.  How  maintained. 

3.  Arbitrators. 

4.  When  vacant  lots  are  occupied. 

5.  Height  of. 

6.  Appeal. 

Fence-viewers. 

Section  1.  The  City  Engineer  and  his  deputy  are  hereby  con- 
stituted fence-viewers  in  and  for  the  city  of  Albany. 


710  Ordinances  of  the 

How  maintained.— Disputes,  how  decided.— On  refusal,  how 
owner  compelled. — Suit  for  repairs,  etc. 
§  2.  All  partition  feucos  in  the  city  shall  be  uiaiulaiued  and 
repaired  at  the  joint  expense  of  the  owners  of  the  laud  on  each 
side  thereof;  every  dispute  between  such  owners,  touching  the 
sufficiency  or  the  method  of  construction,  or  the  repairing  of  any 
such  fence,  the  division  of  the  fence  between  them,  or  the  part 
each  is  to  bear  respectively  iu  the  expense  thereof,  shall  bo 
decided  by  the  I)(>puty  Engineer.  If  any  such  owner  shall  refuse 
or  neglect,  for  six  days  after  request  made  to  him  in  writing  so 
to  do,  to  bear  his  part  and  proper  proportion  of  the  expense  in 
making,  maintaining  or  repairing  any  such  fence,  the  owner 
of  the  adjoining  lands  upon  the  other  side  of  such  fence,  or  of 
the  division  line  upon  which  the  same  is  to  be  made,  may,  under 
the  direction  of  the  Deputy  Engineer,  make  or  repair  the  whole 
of  such  fence,  and  he  shall  thereupon  be  entitled  to  recover  one- 
half  of  the  expense  of  such  making  or  repairing,  with  costs  of 
suit,  from  the  person  having  so  refused  or  neglected,  as  afore- 
said, to  bear  his  part  of  such  expense. 

Deputy  Engineer  or  owners  may  designate  part  to  be  made,  etc. 
§  3.  It  shall  be  lawful  for  the  Deputy  Engineer  or  for 
the  owners,  by  mutual  consent,  to  establish  or  designate 
the  particular  part  or  portion  of  any  partition  fence,  which  each 
owner  separately,  and  not  jointly  with  the  other,  shall  be  bound 
to  make,  maintain  and  repair  at  his  own  expense;  and  thence- 
forth such  part  or  portion  shall  be  deemed  the  separate  fence  of 
the  party  to  whom  the  same  shall  be  allotted;  and  in  case  any 
such  part  or  portion  shall  be  out  of  repair,  the  party  who  ought 
to  make  or  repair  the  same  (after  request  made  in  the  manner 
and  for  the  time  specified  in  the  preceding  section),  shall  be  liable 
to  pay  the  whole  expense  of  making  or  repairing  the  same,  with 
costs  of  suit,  unto  the  other  party,  if  he  shall  make  or  repair  the 
same;  provided  it  shall  be  so  made  or  repaired  under  the  direc- 
tion of  the  Deputy  Engineer. 

When  vacant  lots  are  occupied. 

§4.  When  any  vacant  lot  shall  become  actually  occupied  by 
the  owner,  or  some  person  holding  under  him,  any  adjoining 
owner  who  may  have  made  a  partition  fence  between  such  lot 
and  liis  own  lands,  may  recover  from  the  owner  of  said  lot  one- 
half    of    the    then    value    of    such  fence,  as  ascertained  by  the 


City  of  Albany.  711 

Deputy    EiiKinoor,    who   is    liorol\v    mfiflo    fonco-viower   for   that 
inii'iiiiso. 

Height  of. 

§  5.  No  pjiititiou  fence  east  of  Lexington  avenue  shall  be  less 
tlian  six  feet  in  height,  nor  in  any  other  part  of  the  city  less  than 
live  feet  in  height;  nor  shall  the  same,  when  less  than  eight  feet 
high,  be  required  to  lie  made  of  brick  or  stone. 

Appeal. 

§6.  Any  p.irty  interested  in  any  partition  fence,  where  a  dis- 
pute has  arisen  on  any  question  in  relation  thereto,  may  appeal 
'from  tlu'  decision  of  tlie  Deputy   Hngiueer  to  tlie  City  Engineer, 
whose  decision   and   deternnn.-it  ion    in   the   matter   shall   be   linal 
and  conclusive. 


CHAPTER  42. 

OJ  Ridlroiuh  Operated  by  Steam  Poirer. 
Section  1.  Street  crossings  not  to  be  obstructed. 

2.  Rate  of  speed. 

3.  Steam  whistle. 

4.  Penalty. 

5.  Jumping  upon  engines,  etc. 

Street  crossings  not  to  be  obstructed. — Flagman. 

Section  1.  No  locomotive,  freight,  baggage,  passenger  or  other 
railroad  car  .shall  be  placed  or  remain  standing  on  any  street 
crossing  in  this  city  so  as  to  incund>er  tlie  same  for  any  length  of 
time.  A  flagman  shall  l)e  stationed  at  every  street  crossing,  and 
the  locomotive  bell  shall  be  rung  while  the  cars  are  in  motion 
crossing  any  street  within  the  city  limits. 

Rate  of  speed. 

§  2.  No  engineer,  fireman,  conductor  or  other  person  shall  run 
or  impel,  or  permit  to  be  run  or  impelled,  any  locomotive,  car  or 
train  of  cars,  through,  upon  or  across  any  paved  street  within 
the  said  city  at  a  greater  rate  of  speed  than  eight  miles  per  hour, 
excepting  upon  the  up-grades  on  the  New  Yorlc  Central  railroad. 

Steam  whistle. 

§  3.  It  shall  not  be  lawful  for  any  engineer,  fireman  or  other 
•person  to  blow,  or  cause  to  be  blown,  any  steam  whistle  attached 


712  Ordinances  of  the 

or  appended  to  any  steam  engine  or  locomotive  while  passing 
through  or  along  tlie  paved  streets  within  the  said  city,  under  a 
penalty  of  five  dollars  for  each  offense. 

Penalty. 

§  4.  Any  violation  of  either  of  the  foregoing  sections  shall  sub- 
ject the  party  or  parties  violating  to  a  penalty  of  not  less  than 
twenty-five  nor  more  than  one  liundrod  dollars  for  each  offense. 
And  the  corporation  to  whom  the  car  or  locomotive  belongs,  or 
in  whose  employ  the  person  or  persons  offending  shall  be,  sliall 
be  liable  for  the  payment  of  said  penalty. 

Jumping  upon  engine,  etc. 

§  5.  No  person  shall  jump,  ride  or  get  upon,  or  attempt  to  jump, 
ride  or  get  upon  any  locomotive  engine,  railroad  train  or  car, 
whether  the  same  is  in  motion  or  not.  without  such  person  is 
employed  in  or  upon  said  locomotive  engine,  railroad  train  or 
car,  or  without  the  permission  of  those  in  charge  of  the  same, 
or  of  those  authorized  to  give  such  permission,  under  a  penalty 
of  two  dollars  for  every  such  offense. 


CHAPTER  43. 

Of  Street  Railroads. 
(As  amended  May  5,  1890,  July  14,  1890,  July  15,  1895,  and  October  7,  1895.) 

Section  1.  To  observe  regulations. 

2.  Tracks,  how  laid. 

3.  Not  to  alter  grade. 

4.  Cross-walks  not  to  be  obstructed. 

5.  Salt,  etc.,  not  to  be  used. 

6.  Conductors  to  give  name. 

7.  Cars  to  be  numbered. 

8.  Tracks  not  to  be  obstructed. 

9.  Repairing  of  street. 

10.  New  pavements. 

11.  Cleaning  of  pavements  between  tracks. 

12.  Duty  of  Street  Commissioner  in  case  of  neglect. 

13.  Speed  of  cars. 

14.  Fenders  to  be  placed  on  cars. 

15.  Gongs  to  be  placed  on  cars. 

16.  Drivers  to  stop  in  certain  cases. 


City  of  Albany.  7J3 

Section  17.  ("I'ltaiii    city    employes    permitted    to   carry    tools, 
etc.,  ou  the  cars. 

18.  Bond. 

19.  Penalty. 

To  observe  regulations. 

Section  1.  All  railroads  operated  by  hor.se  power  or  electricity 
running  through,  in  or  upon  any  of  the  streets  of  the  city  of 
Albany,  or  that  may  hereafter  be  constructed  to  run  in  or  upon 
any  of  the  streets,  shall  be  constructed,  operated,  managed  and 
run  in  accordance  with  the  following  regulations: 

Tracks,  how  laid. 

§  2.  The  track  or  tracks  shall  be  laid  subject  to  the  approval 
and  direction  of  the  Common  Council  and  the  City  Engineer. 
They  shall  be  flush  with  the  surface  of  the  streets,  except  at  the 
water-courses  and  gutters  crossing  said  streets,  at  which  point 
said  track  shall  be  so  constructed  as  not  to  interfere  with  the 
free  passage  of  the  water  over  or  under  the  same,  as  may  bo 
determined  by  the  said  City  Engineer. 

Not  to  alter  grade. 

§3.  It  shall  not  be  lawful  for  an}'  company  owning  a  railroad 
operated  by  horse  power  or  electricity,  or  anj-  oflScer  or  employe 
thereof,  or  any  person  acting  under  its  control,  authority  or  direc- 
tion, to  elevate  or  depress,  or  change  the  grade  of  any  of  the 
streets  in  said  city  or  any  part  thereof,  nor  to  disturb,  change  or 
interfere  with  any  drain  in,  under  or  upon  said  streets,  except 
with  the  consent  and  approval  of  the  Street  Commissioner,  in 
writing;  and  all  paving  and  repairing  of  street  pavement  within 
and  along  the  line  of  said  railroad  tracks  shall  be  done  under 
the  direction  and  supervision  of  the  said  Street  Commissioner. 

Cross-walk  to  be  clear. 

§  4.  Cars  stopping  at  street  intersections  to  receive  or  land  pas- 
sengers shall  leave  the  rear  platform  of  the  car,  as  near  as  may 
be,  over  the  further  edge  of  the  cros.s-walk,  so  as  not  to  obstruct 
the  cross-walk. 

Salt,  etc.,  not  to  be  used. — Streets  not  to  be  rendered  impass- 
able.— Culverts  to  be  constructed  and  maintained. — 
Penalty. 

§  5.  No  person  shall  use  salt,  lime  or  any  deleterious  substance 


714  Ordinances  of  the 

to  remove  ice  or  snow  from  any  track  or  tracks  of  any  railroad 
corporation,  except  on  switches  and  street  crossings,  without  the 
permission  of  the  Street  Commissioner.  Every  railroad  com- 
pany operating  a  railroad  by  horse  power  or  electricity  in  the 
city  of  Albany,  in  clearing  snow  or  ice  from  its  tracks,  shall  not 
render  the  street  or  streets  impassable,  but  shall  remove  the 
same  so  as  not  to  leave  any  extra  snow  or  ice  on  either  side  of 
tiie  tracks  to  create  an  uneven  grade  along  the  line  of  said  tracks 
on  either  side;  and  the  snow  or  ice  removed  from  said  tracks,  in 
clearing  the  same,  shall  be  removed  within  twenty-four  hours. 
Every  such  company  shall  also  keep  and  maintain  the  box  cul- 
verts constructed  at  the  water-courses  and  gutters  crossing  the 
street  or  streets  through  which  its  tracks  are  laid  open,  free  and 
in  such  a  condition  as  to  permit  the  free  passage  of  water 
through  the  same  at  all  times.  In  case  of  a  failure  by  any  such 
company  to  comply  with  the  terms  of  this  section,  it  shall  forf(>it 
and  pay  to  the  city  of  Albany,  upon  the  demand  of  tlie  Mnyov 
or  Street  Commissioner,  the  sum  of  fifty  dollars  for  every  dny  it 
shall  fail  to  fully  comply  herewith. 

Conductors  to  give  their  names  to  passengers. 

§  6.  Conductors  and  drivers  of  street  cars  operated  by  horse- 
power or  electricity  shall  give  their  names  to  any  passenger 
riMiuesting  the  same,  and  for  neglecting  or  refusing  so  to  do  shall 
incur  a  penalty  of  tive  dollars  for  every  offense. 

Cars  to  be  numbered. 

§  7.  The  cars  of  every  horse  railroad  or  railroad  operated  l)y 
electricity,  in  this  city,  shall  be  distinctly  numbered,  both  inside 
and  outside,  and  shall  also  contain  a  printed  card  showing  the 
rate  of  fare. 

Passengers  not  permitted  on  platforms. 

§  8.  No  passenger  shall  be  permitted  to  stand  on  the  platform 
of  any  car  operated  by  electricity  while  the  said  ear  is  in  motion, 
and  the  conductor  shall  use  proper  diligence  to  prevent  ladies  or 
children  from  leaving  or  entering  any  such  car  while  in  motion.' 

Conductors  to  announce  street  crossings. 

§  9.  Conductors  shall  announce  to  passengers,  in  a  distinct  ton(\ 
the  names  of  all  streets  crossed  as  the  cars  approach  such  cross 
streets.    No  car  operated  by  electricity  shall  be  required  to  stop 


City  of  Albany.  715 

at  anj-  place  along  the  line  of  its  route  for  the  purpose  of  allow- 
ing passengers  to  enter  or  leave  such  car,  except  at  street  inter- 
sections, unless  such  street  intersections  are  more  than  five 
hundred  feet  distant  from  each  other,  in  which  case  the  cars  may 
be  required  to  stop  midway  between  such  street  intersection. 

Railroad  companies  to  pay  for  paving. 

§  10.  Whenever  a  new  or  different  kind  of  pavement  is  directed 
to  be  laid  in  any  of  the  streets  of  the  city  in  which  any  tracks  of 
a  railroad  company  operating  by  horse-power  or  electricity  are 
now  or  hereafter  may  be  laid,  the  railroad  cori)oration  owning, 
occupying  or  using  said  track,  shall  pay  their  portion  thereof  in 
the  manner  heretofore  provided  by  law. 

To  clean  streets  between  tracks. 

§  11.  It  shall  be  the  duty  of  the  railroad  companies  mentioned 
in  the  first  section  of  this  chapter  to  cause  that  part  of  the  streets 
and  pavements,  throughout  the  city,  ujjon  which  their  tracks  are 
laid,  lying  between  the  outer  rails  of  said  tracks,  be  the  same 
double  or  single,  to  be  properly  cleaned,  swept  or  scraped,  and 
the  dirt  or  manure  or  other  rubbish  to  be  collected  in  heaps  con- 
venient to  be  carted  away  at  such  times  as  now  or  may  hereafter 
be  prescribed  by  the  Common  Council  or  Street  Commissioner; 
and  previous  to  thus  being  swept  or  scraped,  the  said  street  shall 
be  sufficiently  sprinkled  witli  water  so  as  to  prevent  the  dust 
from  rising. 

Duty  of  Street  Commissioner  in  case  of  neglect. — Company  not 
to  be  liable  in  certain  cases. 
§  12.  If  any  such  railroad  company  shall  refuse,  neglect  or 
delay  to  cause  said  streets  and  pavements,  mentioned  in  section 
eleven  of  this  chapter,  to  be  cleaned,  swept  and  scraped,  as  in 
.said  section  mentioned,  after  said  company  is  legally  notified  so 
to  do  l»y  the  Street  Commissioner,  or  l)y  notice  from  him  ])ub- 
lished  in  one  of  the  daily  newspapers  in  the  city  for  one  week, 
it  shall  be  lawful  for  such  Street  Commissioner,  with  consent  of 
the  Mayor,  at  the  expiration  of  two  days  from  the  giving  of  such 
notice  in  writing,  or  at  the  expiration  of  such  notice  in  the  news- 
paper, to  cause  the  said  streets  to  be  properly  cleaned,  swept  and 
scraped,  and  when  completed  to  cause  an  account  of  the  expense 
thereof  to  be  transmitted  to  the  said  company,  and  in  case  of  the 
neglect  or  refusal  of  the  said  company  to  pay  the  said  account 
within  a  reasonabU'  time,  the  .same  shall  be  sent  to  the  Con^ora- 


71.6  Ordinances  of  the 

tion  Counsel,  to  be  prosecuted  by  him  in  an  action  at  law;  and 
the  said  company  so  refusing  and  neglecting  to  pay  the  said 
account  shall  be  liable  therefor,  provided  that  the  said  account 
sluill  not  in  any  single  instance  exceed  the  sum  of  one  hun- 
dred dollars,  and  provided,  also,  that  said  company  shall  not 
be  liable  where,  from  severe  frosts,  or  the  streets  being  covered 
witli  snow,  it  was  impracticable,  or  when  it  shall  be  proved  to 
liave  been  unnecessary,  so  to  have  swept  or  scraped  sucli  streets, 
between  such  tracks  or  rails,  or  to  have  collected  the  dirt  into 
lieaps.  In  no  instance  shall  a  single  account  contain  any  exp(>nse 
incurred  for  cleaning  streets  beyond  the  district  mentioned  in 
the  notice  to  said  company. 

Speed  of  cars. 

§  13.  None  of  tlie  railroad  companies  mentioned  in  tlic  lirst  sec- 
tion of  tliis  chaptei',  nor  any  officer  or  employe  thereof,  nor  any 
other  person  whatsoever,  sliall  run  or  impel,  or  caus(!  to  be  run 
or  impelled,  any  car,  snow-plow,  street-cleaning  machine,  or 
other  vehicle  operated  by  electricity,  through  upon  or  across  any 
street  in  said  city  of  Albany  east  of  and  including  Lark  street, 
between  and  including  Third  avenue  on  the  south  and  Clinton 
avenue  on  the  north,  at  a  greater  rate  of  speed  than  eight  miles 
an  hour;  nor  west  of  said  Lark  street,  nor  north  of  said  Clinton 
avenue,  nor  south  of  said  Third  avenue,  at  a  greater  rate  of 
speed  than  twelve  miles  an  hour;  nor  shall  it  be  lawful  for  any 
car,  snow-plow,  street-cleaning  machine  or  other  vehicle  to  be 
impelled  or  drawn  af-ound  the  corner  of  any  streets  which  are  at 
a  right  or  lesser  angle  to  each  other,  at  a  greater  rate  of  speed 
than  three  miles  an  hour. 

Fenders  to  be  placed  on  cars. 

§  14.  Every  car  or  other  vehicle  running  upon  a  track  or  tracks 
and  operated  by  electricity  shall  be  provided  with  a  fender  or 
fenders,  guard  or  guards,  which  said  fender  or  fenders,  guard  or 
guards  shall  be  so  constructed  as  to  prevent  as  nearly  as  possible 
any  person,  animal,  body  or  other  object,  if  struck  by  said  car 
or  other  vehicle  when  in  motion  from  being  caught  in  and  under , 
the  wheels  of  said  car  or  other  vehicle;  but  no  railroad  operated 
by  electricity  shall  use  any  fender  or  fenders,  guard  or  guards 
until  the  same  shall  have  been  approved  by  the  Common  Council, 
which  said  approval  shall  be  filed  with  the  Clerk  of  the  Common 
Council,  and  the  use  of  such  fender  or  fenders,  guard  or  guards 
sliall  be  deemed  a  compliance  with  this  provision. 


City  of  Albany.  717 

Gongs  to  be  placed  on  cars. 

§  15.  Upon  every  said  car  and  other  vehicle  running  upou 
tracks  and  operated  by  electricity,  and  at  each  end  thereof,  a 
suitable  gong  must  be  liept  aud  souuded  for  the  purpose  of 
waruiug  persons  or  animals  which  may,  from  time  to  time, 
obstruct  the  track,  and  such  gong  must  also  be  sounded  upon 
approaching  street  crossings  and  upon  turning  corners;  but  such 
gong  shall  not  be  souuded  willfully  for  the  purpose  of  frighten- 
ing animals  or  human  beings.  Every  said  car  or  other  vehicle 
operated  by  electricity  shall  be  supplied  with  a  suitable  head- 
light on  the  dash-board  or  top  of  such  car  or  other  vehicle,  which 
shall  be  kept  lighted  on  the  streets  and  roads  in  said  city  not 
sufficieutl}'  lighted  by  lamps,  to  enable  tlie  driver  to  see  persons 
or  obstructions  upon  its  tracks. 

Drivers  to  stop  car  in  certain  cases. 

§  16.  When  the  driver,  conductor  or  other  person  in  cliarge  of 
any  car  or  other  vehicle  operated  by  electricity  shall  observe  that 
horses  or  other  animals,  driven  or  riddon  in  the  streets  of  said 
city,  become  frightened  at  the  approach  of  said  car  or  other 
vehicle,  he  shall  lessen  the  speed  of  said  car  or  vehicle,  and,  if 
necessary,  shall  bring  said  car  or  vehicle  to  a  full  stop,  uutil  said 
animals  shall  have  passed  said  car  or  otlier  vehicle,  or  shall  have 
gone  away  from  it.  Upon  approaching  and  passing  funeral  pro- 
cessions he  shall  always  lessen  the  speed  of  said  car  or  otlier 
vehicle. 

As  to  certain  city  employes. 

§  17.  The  employes  in  the  otHce  of  the  City  Engineer,  Street 
Commissioner  and  Board  of  Health  shall  be  permitted,  at  all 
times,  to  carry  on  the  cars  of  any  street  railway,  mentioned  in 
this  ordinance,  the  tools,  instruments  and  stakes  necessary  to 
the  performance  of  their  duties. 

Bond. 

§  18.  The  railroad  companies  mentioned  in  the  first  section  of 
this  chapter  shall  each  severally  execute  and  deliver  to  the  city 
of  Albany  a  bond  in  the  sum  of  five  thousand  dollars,  with  sure- 
ties to  be  approved  by  the  Mayor,  conditioned  that  said  company 
will  pay  and  save  the  said  the  city  of  Albany  harmless  from  all 
damages,  costs  and  expenses  whatsoever,  of  every  kind  and 
natin-e,  arising  from  the  operation  and  management  of  their 
railroads. 


718  Ordinances  of  the 

Penalty. 

§  19.  Any  ami  caoli  violation  of  any  of  the  forcjioinjjr  provisions 
of  this  law  shall  bo  punisliod,  o.xeoitl  in  such  cases  as  have  been 
herein  previously  pi'ovided  for,  by  a  line  of  not  more  than  lifty 
dollars. 


CHAPTEiv  44. 

Of  Fcrriex. 

Section  1.  Lessees  only  to  convey  passengers. 

2.  Penalty  for  refusing  ferriage. 

3.  Penalty  for  injuries  to  docks,  etc. 

4.  Extortionate  ferriage. 

Lessees  only  to  convey  passengers. 

Section  1.  No  person,  except  the  lessee  or  lessees  of  a  fi'rry. 
running  from  the  city  of  Albany,  or  such  person  as  they  shall 
empk>y,  shall  couvej'  in  any  scow,  boat,  canoe  or  other  craft,  any 
person,  carriage,  horse,  or  other  article  across  the  Hudson  river, 
for  hire  or  reward,  at  any  place  between  the  north  and  south 
bounds  of  the  city  of  Albany,  and  every  person  who  shall  convey 
any  person,  carriage,  horse  or  other  article  across  the  said  river 
for  hire  or  reward,  within  the  bounds  aforesaid,  in  any  scow, 
boat,  canoe  or  other  craft,  shall  incur  a  penalty  of  five  dollars 
for  every  such  offense;  provided  that  nothing  in  this  section  shall 
apply  to  the  ferry  established  between  the  north  part  of  this 
city  and  Bath,  nor  to  the  transportation  of  passengers  or  freight 
for  the  railroad  at  the  ferry  at  tlie  foot  of  Maiden  lane. 

Penalty  for  refusing  ferriage. 

§  2.  Any  person  being  liable  for  ferriage  over  the  ferry,  who 
shall  neglect  or  refuse  to  pay  the  same,  on  demand  made  by  the 
lessee  or  lessees  of  said  ferry,  or  their  autliorized  agent,  shall 
incur  a  penalty  of  five  dollars  for  every  offense. 

Penalty  for  injuries  to  docks,  etc. 

§  3.  If  any  pei'son  shall  willfully  break,  injure,  mutilate  or 
destroy  the  docks,  wharves  or  landing  of  any  ferry,  or  any  of 
the  boats,  oars,  or  of  the  implements  appertaining  to  any  feri*y 
running  from  the  city  of  Albanj%  he  or  she  shall  incur  a  penalty 
of  twenty-five  dollars  for  every  such  offense. 


City  of  Albany.  719 

Extortionate  ferriage. 

§  4.  If  auy  persou  eiuployod  at  auy  ferry  shall  (Iciuaiul  or  I'xac-t 
auy  sum  fur  ferriage  beyoud  the  established  and  proper  rate,  he 
shall  iucur  a  peualty  of  live  dollars  for  every  sueh  offeuse. 


CHAPTER  45. 

Of  Private  Drains  and  Sewers. 

Sectiou  1.  Liceuse  to  couueet  with  draius. 

2.  Xotiee  to  be  giveu  to  Street  Commissioner. 

3.  Penalty. 

4.  Duty  of  Street  Commissioner. 

5.  Applicants  for  license  to  give  bond. 

6.  List  of  licenses  to  be  kept. 

License  to  connect  with  drain. 

Section  1.  All  openings  into  sewers  or  draius  for  the  purpose 
of  making  a  connection  therewith,  from  any  house,  cellar,  vault, 
yard  or  other  premises  shall  be  made  by  persons  duly  liceused 
in  writing  for  that  purpose  by  the  Street  Commissioner. 

Notice  to  be  given. 

§  2.  No  person  shall  be  allowed  or  permitted  to  make,  construct 
or  lay  any  drain  or  sewer  from  any  lot,  house  or  promises  to 
connect  with  any  public  drain  or  sewer,  unless  twenty-four  hours' 
notice  be  given  to  the  Street  Commissioner,  describing  the  situa- 
tion of  such  lot.  house  or  prennses.  and  the  sewer  or  drain  it  may 
be  desired  to  connect  such  drain  witli,  and  the  time  intended  to 
make  such  connection. 

Penalty. 

§3.  If  auy  connection  or  opening  be  made  with  any  sewer  or 
drain  by  any  person  without  the  permission  or  liceuse  authorized 
in  the  tirst  section  hereof,  or  in  a  mode  different  from  that  pre- 
scribed therefor  by  the  laAvs  and  ordinances  of  the  Common 
Council  of  tlie  city  of  Albany,  or  the  Street  Commissioner,  the 
person  making  such  connection  or  opening,  and  the  owner  or 
agent  of  the  property  for  which  such  connection  or  opening  is 
made,  shall  respectively  be  liable  to  a  penalty  of  twenty-five 
dollars  for  each  and  every  offeuse. 


720  Ordinances  of  the 

Duty  of  Street  Commissioner. 

§  4.  It  shall  be  the  duty  of  the  Street  Commissiouer  to  grant 
license  under  the  provisions  hereof,  to  such  person  or  persons  as 
he  may  deem  proper  persons  to  perform  such  work,  and  the 
Street  Commissioner  sliall  supervise  and  direct  the  connecting 
of  all  private  drains  with  public  drains  aud  sewers. 

Bond  to  be  given. 

S  5.  The  Street  Commissioner  shall  recpiire  from  any  person 
applying  for  license  or  pei'mission  under  the  provisions  hereof,  to 
connect  with  any  public  drain  or  sewer,  and  before  any  such 
license  or  permission  be  given,  a  bond  with  sufficient  sureties,  to 
be  approved  of  by  the  said  commissioner,  and  in  such  penal  sum 
as  he  shall  dii'ect,  conditioned  to  indemnify  and  save  harmless 
from  all  cost,  loss  or  damage  the  city  of  Albany  may  sustain  or 
become  liable  for  on  account  of  any  accident,  or  otherwise,  occa- 
sioned, directly  or  indirectly,  by  the  work  done  under  or  pur- 
suant to  such  license.  The  said  Street  Commissioner  may  at 
any  time  recjuire  a  new  bond,  and  for  a  larger  penal  sum. 

List  of  licenses  to  be  kept. — Revoking  licenses. 

§  6.  The  Street  Commissioner  shall  keep  in  a  book  for  that  pur- 
pose a  correct  list  of  all  persons  licensed  under  tliis  law;  any 
mason,  plumber,  contractor  or  other  person  who  shall  be  guilty 
of  a  violation  of  any  of  tlie  precedmg  sections,  or  the  ordinances 
of  the  said  city  of  Albany,  shall  be  immediately  deprived  of  the 
license,  and  the  same  may  be  revoked  at  the  pleasure  of  the 
officers  granting  the  samo» 


City  of  Albany.  721 


MISCELLANEOUS    ORDINANCES. 


CHAPTER  46. 
Of  Bread. 
Section  1.  Broad  to  be  marked. 

2.  Weight  of. 

3.  Uuwholesome  materials. 

4.  Power  of  Mayor,  Inspector  of  Health,  etc. 

Bread  to  be  marked.— Twisted  loaves.— Penalty. 

Sectiou  1.  All  bread  manufactured  by  the  bakers  of  the  city 
of  Albany,  for  sale,  and  all  bread  exposed  or  offered  for  sale  in 
said  city,  shall  be  made  of  good  and  wholesome  tlour  or  meal, 
and  each  loaf  thereof  shall  be  marked  with  figures  indicating 
the  weight  of  such  loaf,  and  also  with  the  initial  letters  of  the 
name  or  names  of  the  manufacturer  thereof;  provided  that 
twisted  loaves  may  not  be  marked  with  such  figures  or  initial 
letters,  and  if  any  manufacturer  or  baker,  or  any  other  person, 
shall  manufacture  or  offer  or  expose  for  sale  any  l)rcad  other 
than  twi.sted  loaves  not  so  marked,  every  such  manufacturer. 
baker  or  other  person  so  offending  shall,  for  every  such  loaf. 
Incur  a  penalty  of  twenty-five  cents. 

Weight. 

§  2.  If  any  baker  or  other  person  shall  make,  or  expose  for  sale 
or  sell  any  bread  not  of  the  full  weight  marked  thereon,  he  shall 
incur  a  penalty  of  not  less  than  twenty-five  cents  nor  more  than 
five  dollars  for  every  such  loaf  manufactured,  or  offered  or 
exposed  for  sale  or  sold  by  him. 

Unwholesome  materials. 

§  3.  If  any  baker  or  other  person  shall  manufacture  or  expose 
for  sale  or  sell  any  bread  made  from  unwholesome  materials, 
knowing  the  same  to  have  been  made  from  such  materials,  the 
person  so  offending  shall  incur  a  penalty  of  not  less  than  twenty- 
five  cents  nor  more  than  five  dollars  for  each  such  loaf  of  bread 
manufactured  or  exposed  for  sale  or  sold  l»y  him. 

46 


722  Ordinances  of  the   » 

Power  of  Mayor. — Inspector  of  Health,  etc. 

§  4.  It  shall  and  may  be  lawful  for  the  Mayor,  the  inspectors 
of  Board  of  Health  or  any  police  officer  of  said  city,  when  he 
.shall  have  reasonable  cause  to  suspect  a  violation  of  any  pro- 
vision of  this  ordinance  by  any  person,  to  enter,  in  the  daytime, 
auy  house,  shop,  store,  bakehouse,  warehouse,  outhouse  or 
iuclosure  used  by  or  in  possessiou  of  auy  baker,  manufacturer 
or  seller  of  bread,  and  to  stop  or  detain,  in  any  street  or  other 
publii-  place,  any  baker  or  other  person,  with  their  wagons  or 
other  carriages  or  vehicles  for  carrying  bread,  and  therein  to 
search  for,  view,  inquire,  try  and  weigh  all  or  any  of  the  bread 
that  may  tlirreiii  be  found;  and  if  any  bread,  on  any  such  deten- 
tion and  search,  shall  be  found  conflicting  or  not  in  accordance 
with  anj^  of  the  provisions  of  this  ordinance,  such  Mayor, 
inspector  of  the  Hoard  of  Health  or  police  officer  may  seize  the 
same,  to  be  di.sposed  of  for  the  benefit  of  the  poor  of  the  said  city. 


CHAPTER  47. 

Of  the  Police  Court. 

Section  1.  Office  hours. 

2.  Quarterly  reports. 

Office  hours. 

Section  1.  The  office  of  the  police  justices  shall  be  open  every 
day,  except  Sunday,  from  half -past  six  o'clock  in  the  morning  to 
six  o'clock  in  the  afternoon,  and  on  Sunday  from  six  A.  M.  till 
eight  A.  M. 

Quarterly  report.— Moneys  to  be  paid  to  Chamberlain. 

§  2.  The  books  of  the  police  justices  shall  at  all  times  be  open 
to  the  inspection  of  the  Mayor,  Chamberlain,  or  any  person 
authorized  by  either  of  them,  or  by  the  Common  Council;  they 
shall  also  make  a  rei.ort  quarterly  to  the  Chamberlain,  and 
nftencr  if  n-iinired  by    the    Mayor  or   Connnou    Council,  stating 

>'"  '■'■'"  •■'"   ' i«'.vs  rt'ccivcd  l)y  them    for    fees    and    costs,  and 

iiMiiieys  re(«'iv(>d  on  convictions  and  Judgments  before  them,  or 
for  iienalties  under  any  ordinance;  and  all  lines  and  penalties, 
r.'.'s.  (•(.sts  and  moneys  cpII.tI,.,!  l,y  them  l)elonging'to  the  city, 
shall  be  paid  ovor  by  ilimi  In  the  ( 'lianil»ei'lain  at  the  time  of 
niaking  such  report. 


City  of  Albany.  723 

CHAPTER  48. 

Of  the  Public  Pound. 
Section  1.  Poimd  and  Pound  Master. 

2.  Swine,  etc.,  not  to  run  at  large. 

Pound  Master  and  pound. 

Sect  ion  1.  Tlu'  Superintendent  of  tlie  Ahns-liouse  shall  act  as 
Pound  Master,  and  shall  provide  a  suitable  and  proper  place  for 
the  keeping-  and  maintaining  of  a  proper  pound  on  the  alms- 
house farm,  and  shall  keep  and  detain  all  such  animals  as  may 
be  driven  or  brought  to  the  pound  until  entitled  to  be  released  as 
hereinafter  provided. 

Cattle  not  to  run  at  large.— To  be  taken  to  pound.— Owner  to 
pay  charges. — If  not  paid,  to  be  sold. — Surplus  to  owner. 
§2.  No  swine,  cattle,  horses,  goats,  sheep,  kids,  geese  or  ducks, 
shall  be  permitted  to  run  or  be  at  large  in  anj'  of  the  streets, 
public  lanes,  or  on  any  of  the  sidewalks  in  this  city  east  of  tlie 
west  line  of  Allen  street;  and  it  shall  be  the  duty  of  the  captains, 
sergeants  and  officers  of  police  of  said  city  to  employ  persons  to 
take  and  convey  such  as  are  found  at  large  to  the  public  pound. 
The  Pound  Master  shall  detain  the  same  for  six  days,  and  in 
case  no  person  shall  appear  to  claim  the  same  within  the  time 
aforesaid,  and  pay  such  reasonable  cliarges  as  the  Pound  Master 
may  impose  for  conveying  and  keeping  such  cattle,  horses,  sheep, 
goats,  kids,  geese  or  ducks  to  the  pound,  not  to  exceed  one  dollar 
per  head  or  flock,  and  the  reasonable  expense  of  keeping  such 
cattle  and  horses  not  to  exceed  fifty  cents  a  head  per  day;  and 
for  sheep,  goats,  kids,  geese  or  ducks,  not  to  exceed  twenty  cents 
a  day  per  head;  then,  in  such  case,  and  at  the  expiration  of  six 
days,  the  Pound  Master  shall  sell  such  swine,  cattle,  horses, 
sheep,  goats,  kids,  geese  or  ducks,  at  public  auction,  after  posting 
three  days'  public  notice,  in  writing  or  print,  in  at  least  three 
public  places  in  said  city,  and  after  deducting  all  such  expenses 
and  charges  as  aforesaid  and  the  expenses  of  and  charges  of 
such  sale,  the  surplus,  if  any,  shall  be  paid  over  to  the  owner  or 
owners  of  such  swine,  cattle,  horses,  sheep,  goats,  kids,  geese 
or  ducks,  upon  satisfactory  proof  of  ownership  being  made;  pro- 
vided, such  surplus  shall  be  claimed  in  three  months  after  such 
sale;  and  if  no  such  claim  shall  be  made  within  the  time  afore- 
said, then  the  net  proceeds  of  such  sale  shall  be  paid  to  the 
Chamberlain  of  the  city. 


724  Ordinances  of  the 

CHAPTER  49. 

Of  Riding  on  Steps  of  Omfiibiises. 

Section  1.  Penaltj^  for. 

2.  Duty  of  police. 

Riding  on  steps. — Penalty. 

Section  1.  No  person  shall  ride  on  tlie  stops  of  any  omnibus, 
engaged  in  the  carrying  of  persons  for  hire  within  the  city  of 
Albany,  under  the  penalty  of  not  less  than  one  dollar,  nor  more 
than  live  dollars  for  each  offense. 

Police  to  arrest  violators  of  this  ordinance. 

§  2.  It  shall  be  the  duty  of  each  member  of  the  Police  Depart- 
m(>nt  of  the  city  of  Albany  to  arrest  all  persons  violating  this 
ordinance  within  the  view  of  such  member  of  police. 


CHAPTER  50. 

Of  Itunners. 
Runners  prohibited. 

Section  1.  No  person  shall  hereafter,  Avithin  the  corporate 
bounds  of  the  city,  or  upon  the  Avaters  under  its  jurisdiction,  act 
as  a  runner,  or  solicit  or  engage  any  person  or  persons  to  take 
passage  in  or  upon  any  railroad,  steamboat,  stage  or  public  con- 
veyance whatever  by  wiiich  persons  are  carried  from  said  city 
to  any  point.  Every  word  spoken  by  any  person  Avhich  may  tend 
to  induce  another  person  to  take  passage  in  or  upon  any  railroad, 
steamboat,  stage  or  public  conveyance,  shall  be  deemed  a  viola- 
tion of  this  section.  Every  person  violating  any  of  the  provisions 
of  this  section  shall,  for  the  first  offense,  incur  a  penalty  of  five 
dollars,  and  for  evei-y  subsequent  violation  thereof,  a  penalty  of 
ten  dollars. 


City  of  Albany.  725 

CHAPTER  51. 

Of  Hnnduy  Law  and  Route  for  Cattle. 

Section  1.  Places  of  amusement  and  sale  of  goods  on  Suudaj-. 

2.  Sale  of  fish,  milk  and  newspapers. 

3.  Driving  of  cattle. 

4.  Route  of  cattle. 

5.  Penalty. 

Places  of  amusement — Exposing  goods  for  sale. 

Section  1.  No  theatrical  or  other  public  place  of  amusement 
shall  have,  suffer  or  permit  any  performance  on  Sunday,  vmder 
a  penaltj-  of  a  forfeiture  of  the  license.  And  no  person  shall 
show  foi'th  or  expose  for  sale  any  goods,  wares  or  merchandise, 
on  Sunday. 

Fresh  fish  and  milk. — Newspapers. 

§2.  It  shall  not  be  lawful  ff>r  any  person  to  cry  or  call  out  any 
newspaper  or  other  article,  for  sale  on  Sunday,  after  the  hour  of 
ten  o'clock  in  the  morning. 

Cattle,  etc. 

§3.  No  cattle,  sheep  or  swine  sliall  be  driven  tlirouuh  any  of 
the  sti'eets  of  the  city,  to  or  from  the  steamboats  or  railroads,  on 
Sunday,  between  the  hours  of  nine  o'clock  in  the  forenoon  and 
five  o'clock  in  the  afternoon. 

Route. 

§  4.  The  route  for  driving  cattle,  sheep  and  swine  within  the 
limits  of  the  city  of  Albany,  to  and  from  West  Albany  and  the 
steaml)<)ats.  railroads  and  bridges,  shall  be  through  Watervlict 
avenue  to  Central  avenue.  Central  avenue  to  Allen  street,  Allen 
street  to  Washington  avenue,  Washington  avenue  to  Lark  street, 
Lark  street  to  Madison  avenue,  Madison  avenue  to  Broadway  or 
dock;   thence  along  Broadway  or  dock,  to  steamboat  or  railroad. 

The  driving  of  cattle,  sheep  or  swine  through  any  street  or 
avenue  in  the  city  of  Albany,  except  as  above  provided,  is  hereby 
prohibited.  This  section  shall  not  prohibit  the  leading  of  cattle, 
sheep  or  swine  through  any  of  the  streets  or  avenues  of  the  city 
of  Albany,  provided  each  animal  is  securely  fastened. 


726  Ordinances  of  the 

Penalty. 

§  5.  Any  violation  of  either  of  the  foref?oiiig  sections  sliall  snb- 
jeot  the  party  or  parties  violating-  to  a  penalty  of  not  less  than 
tive,  or  more  than  twenty-tive  dollars,  for  each  offense. 


CHAPTER  52. 

Of  Ambulances. 

Section  1.  Any  driver  of  any  cab,  cart,  carriage,  conveyance  or 
vehicle  of  any  description,  or  any  other  person  or  persons,  who 
attempts  to,  or  interferes  with,  or  attempts  to,  or  int(>rrupts  the 
free  passage  of  any  ambulance  wagon  going  to  or  from  the  scene 
of  any  accident,  or  who  attempts  to  or  interferes  with  or  attempts 
to  or  interrupts  the  free  passage  of  any  police  patrol  AA'agon 
through  tlie  streets  of  tliis  city,  shall  incur  a  penalty  not  to 
exceed  twenty-five  dollars  for  each  and  every  offense. 

§  2.  No  ordinance  relating  to  fast  or  immoderate  driving  shall 
apply  to  .siicli  ambulance  or  police  jiatnjl  wagon. 


CHAPTER  53. 

Of  General  Miscellaneous  Prucisions. 
Section  1.  Idlers  on  sidewalks. 

2.  Idlers  on  stoops,  etc. 

3.  Idlers  at  church  doors,  etc. 

4.  Penalty. 

5.  Breach  of  peace. 

6.  Furious  driving. 

7.  Ringing  of  bells  after  sunset. 

8.  Bathing. 

9.  Cattle  not  to  be  watered  at  public  wells. 

10.  Steamboats  to  have  gang-planks. 

11.  Injuring  doors,  etc. 

12.  Guards  on  roofs  of  buildings. 

13.  False  weight  or  measure. 

14.  Coals  or  cinders  not  to  be  cast  in  river. 

15.  Soliciting  alms. 

16.  Hydrants  not  to  be  unlocked. 

Idlers  on  sidewalks. 

Section  1.  No  person  or  persons  shall  stand,  be  or  remain  in  or 
upon    any    of    the    streets,  sidewalks  or  bridges  in  the  city  of 


City  of  Albany.  727 

Albany,  in  such  a  manner  as  To  obstruct  the  free  and  uuluter- 
rupttd  i)asslng  and  repassing  of  any  person  or  persons,  and  no 
person  shall  idly  sit,  stand  or  lounge  upon  or  in  any  street,  lane, 
allej',  bridge  or  park  (except  parks  opened  for  the  puldic),  or  sit, 
lounge,  stand  or  be  upon  any  stoop,  area-way  or  platform  (except 
with  the  consent  of  the  owner  or  occupant  of  the  premises  to 
which  said  stoop,  area-way  or  platform  is  attached). 

Idlers  on  stoops,  etc. 

§  2.  It  shall  not  be  lawful  for  any  person  or  persons  to  idly  sit, 
stand  or  lounge  upon  any  stoop,  area-way  or  platform  attached 
to  any  store,  dwelling  or  other  building,  after  the  owner  or  occu- 
pant of  said  store  or  building  shall  have  closed  said  store,  or 
retired  for  the  night  in  said  dwelling. 

Idlers  at  church  doors,  etc. 

§  3.  It  shall  not  be  lawful  for  any  person  or  persons  to  idly  sit, 
stand  or  lounge  at  the  entrance  to  or  in  any  hall- way,  passage- 
way or  vestibule  of  any  church,  hall,  theater  or  public  place. 

Penalty. 

§  4.  Any  person  or  persons  violating  any  of  the  provisions  of 
either  of  the  foregoing  sections,  shall  incur  a  penalty  of  not  less 
than  one  dollar,  and  not  more  than  five  dollars  for  each  offense. 

Breach  of  peace. 

§  5.  Any  person  who  shall  make,  aid  or  countenance,  or  assist 
in  any  noise,  distui'bance  or  improper  diversion  in  the  streets, 
public  squares,  lanes  or  alleys  of  this  city,  or  collecting  in  great 
bodies  or  ci'owds,  to  the  annoyance  or  disturbance  of  the  citizens 
or  travelers,  shall  severally  incur  a  penalty  for  every  offense  not 
less  than  one  dollar,  nor  exceeding  five  dollars;  and  if  the  offense 
shall  be  committed  at  night,  then  such  penalty  shall  be  five 
dollars. 

Furious  driving. — Horse  running  at  large. 

§  6.  Any  person  who  shall  drive  any  vehicle  in  this  city  without 
having  in  his  hands  good  and  sufficient  reins,  capable  of  guiding 
and  restraining  the  horse  or  horses  drawing  it  from  galloping  or 
going  immoderately  through  any  street,  lane  or  allej-;  and  any 
person  driving  any  sucii  vehicle  or  riding  upon  any  horse,  who 
shall  cause,  permit  or  suffer  the  beast  or  beasts  he  shall  ride,  use, 
,  or  drive,  to  go  on  a  gallop,  or  at  any  immoderate  gait;   and  any 


728  Ordinances  of  the 

person  liaviug  tho  care  of  any  carriage  or  liorse.  who  shall  walk 
or  stand  l)y  or  near  the  same,  and  shall  not  sufficiently  secure 
such  beast  from  running,  or  going  on  a  gallop  or  at  any  immoder- 
ate gait;  and  any  proprietor  or  possessor  of  any  horse,  who  shall 
suffer  or  permit  the  same  to  run  at  large  in  any  of  the  streets, 
lanes  or  alleys  of  this  city,  or  who  shall  suffer  the  same  to  stand 
in  any  street,  lane  or  alley,  without  being  sufficiently  secured  or 
tied  to  prevent  its  running  away,  shall  severally,  in  each  and 
every  of  the  foregoing  cases,  incur  a  penalty  of  not  exceeding 
live  dollai-s  nor  less  than  one  dollar,  in  the  discretion  of  the 
magistrate  convicting:  and  it  shall  be  lawful  for  any  person  to 
stop  any  horse  niiming  at  large,  or  going  on  a  gallop  or  at  an 
Immoderate  gait,  until  a  police  justice  may  be  informed  thereof 
so  that  such  police  justice  may  cause  such  horse  and  the  carriage 
(if  any),  to  which  the  same  may  be  attached,  to  be  detained  and 
kept,  at  the  expense  of  the  offender,  until  the  penalty  imposed 
by  this  law  and  expenses  be  paid  with  costs,  or  until  the  offender 
can  be  secured  and  dealt  with  according  to  law.  No  person  or 
persons  shall  ride  or  drive,  or  cause  to  be  rode  or  driven,  any 
horse  or  other  animal,  upon  or  over  any  of  the  bridges  witliin  the 
city  of  Albany,  faster  than  a  walk,  under  a  penalty  of  not  less 
than  one  nor  more  than  five  dollars  for  every  offense. 

Ringing  of  bells  after  sunset. 

§  7.  Any  person  ringing  or  tolling  any  cliurch.  academy,  school 
or  other  public  bell  witliin  this  city,  after  sunset  and  before  sun- 
rise, shall  incur  a  penalty  for  every  offense  of  ten  dollars;  pro- 
vided that  this  penalty  shall  not  apply  to  the  ringing  of  bells  in 
case  of  fire  or  public  festivals,  nor  at  such  time  after  sunset  as 
the  Common  Council  shall  authorize,  nor  to  the  tolling  of  church 
bells  for  divine  service. 

Bathing. 

§8.  Any  person  bathing  or  swimming  along  or  near  docks, 
piers,  wharves  or  shores  of  the  said  city,  between  the  north  and 
south  bounds  thereof,  at  any  time  between  the  hour  of  six  in 
the  morning  and  the  hour  of  eight  in  the  evening,  shall  incur  a 
penalty  of  one  dollar  for  every  offense. 

Cattle  not  to  be  watered  at  public  wells. 

§  9.  No  person  shall  water  horses  or  cattle  at  any  of  the  public 
wells  or  pumps  in  this  city,  nor  take  any  water  for  any  other 


City  of  Albany.  729 

purposes  tluui  for  liousfliukl  use,  under  the  penalty  of  two  dollars 
for  every  offense. 

Steamboats  to  have  gang-planks. — To  be  secured  to  wharf. — 
Penalty. 
§  10.  Every  steanil)oat  for  the  conveyance  of  passengers,  com- 
ing to  any  pier,  wharf  or  dock  in  the  city  for  the  purjtose  of 
landing  such  passengers,  shall  be  provided  with  a  gangway  plank 
or  platform  at  least  four  feet  wide,  to  which  shall  be  affixed  a 
sulistantial  railing,  rope  or  chain  on  each  side  thereof,  and  thirty 
inches  high  from  the  top  of  said  plank  or  platform.  After  the 
.said  steamboats,  or  either  of  them,  shall  be  securely  made  fast 
to  such  pier,  wharf  or  dock,  the  said  plank  or  platform  shall  be 
laid  from  the  same  to  the  said  pier,  wharf  or  dock  for  the 
exclusive  use  of  pa.ssengers  and  their  baggage  going  to  or  from 
such  steamboat  or  boats,  so  that  they  and  their  baggage  may 
pass  without  danger  of  falliug  or  being  pressed  off  from  the  said 
I)lank  or  platform  into  the  water.  The  owner  or  owners,  captain 
or  agent  of  any  such  steamboat  not  provided  with  such  plank  or 
platform,  or  not  having  the  said  laid  and  placed  as  aforesaid, 
shall  be  liable  to  a  penalty  of  twenty-five  dollars  for  eadi  an<l 
every  offense. 

Injuring  doors,  etc. 

§  11.  Any  person  Avho  shall  willfully  and  wantonly  injure, 
deface  or  tarnish  any  house,  porch  or  stoop,  door,  gate,  well  or 
pump,  fence,  tree,  or  any  u.seful  or  ornamental  public  or  private 
work  or  improvement,  or  any  post  standing  in  the  street,  either 
by  bedaubing  or  besmearing  the  same,  or  any  part  thereof,  with 
paint,  mud,  tar,  oil  or  grease,  or  by  throwing  .stones  or  in  any 
other  manner  whatever,  or  who  shall  aid  or  assist  therein,  shall 
incur  a  penalty  of  the  sum  of  five  dollars. 

Guards  on  roofs  of  buildings. 

§  12.  Every  building  of  any  kind,  and  whatsoever  used  for  any 
purpose,  the  roof  thereof  shall  be  of  tin,  glazed  tile  or  slate,  and 
every  building  which  shall  hereafter  be  roofed  with  either  of 
the  said  materials,  shall,  under  the  direction  of  the  Street  Com- 
missioner, have  good  and  sutiicient  railings  or  guards  placed  and 
fixed  on  the  roof  fronting  the  street;  and  every  owner  or  occu- 
pant of  any  such  building,  who  shall  refuse  or  neglect  to  comply 
with  this  regulation,  shall  incur  a  penalty  of  twenty-five  dollars; 


730  Ordinances  of  the 

and  for  every  mouth  after  the  tirst  conviction,  in  whieli  such 
default  continues,  the  further  sum  of  twenty-five  dolhirs,  to  be 
sued  for  and  recovered  at  the  end  of  eacli  month;  and  tlie  Street 
Commissioner  is  strictly  enjoined  lu  caiTy  this  cImusc  into  effect. 

False  weight  or  measure. 

§13.  If  any  person  shall  sell  any  goods,  wai'es,  merchandise, 
liiiuors,  or  otlier  effect  wliatsoever,  as  being  of  a  certain  weight 
or  measure,  and  the  same  shall  prove  deficient  and  not  according 
to  law  and  the  course  or  usage  of  trade,  such  seller  (besides  being 
answerable  to  the  party  grieved),  shall  incur  a  penalty  for  each 
offense  of  five  dollars. 

No  coal,  cinders,  etc.,  to  be  cast  in  basin  or  Hudson  river. 

§  14.  No  captain  or  person  having  cliarge  of  any  steamboat, 
sloop,  canal  boat,  vessel  or  other  water  craft,  nor  any  other  per- 
son, shall  cast  any  coal,  cinders,  oyster  shells  or  other  material 
substance  into  llie  l)asin  oi-  Hudson  river  or  any  arm  or  brancli 
tliei'eof  witliin  tlie  limits  of  the  city  of  Alliany,  or  cause  or  per- 
mit the  same  to  be  done,  under  a  penalty  not  exceeding  twenty- 
five  dollars  for  every  offense. 

Soliciting  alms. 

§15.  Any  person  wlio  slinll  solicit  alms  or  raise  moneys  by 
subscription  in  the  city,  for  any  piui)ose  whatsoever,  without 
permission  from  the  Mayor  or  Conmion  Council  for  that  purpose, 
shall  pay  a  penalty  for  the  first  offense  of  two  dollars,  for  the 
second  of  five  dollars,  and  for  any  other  of  ten  dollars. 

Hydrants  not  to  be  unlocked. 

§  16.  No  person,  unless  specially  antliorized,  shall  unlock, 
unfasten,  open  or  draw  water  from,  or  otlierwise  use  or  interfere 
with  any  of  the  hydrants,  fire  stops  or  stop-cocks  set  in  any  of 
the  public  streets,  grounds  or  squares  in  this  city,  connected  with 
any  of  the  pipes  or  works  of  the  city  water- works,  nor  break 
open,  unfasten,  remove  or  otherwise  injure  or  interfere  with  the 
outer  boxes,  cases,  fastenings  or  other  guards  or  securities  of 
such  hydrants;  and  any  person  offending  against  any  of  the 
jnovisions  of  tins  section  shall  incur  a  penalty  for  each  and  every 
offense,  not  less  than  five  nor  more  than  twenty-five  dollars, 
besides  being  liable  for  the  actual  damage  which  may  be  proven 
to  have  been  sustained. 


City  of  Albany.  731 

CHAPTER  54. 

Of  Penalties. 

Section  1.  'i'hc  penalties  provided  for  tlie  violation  of  any  or 
all  city  laws  and  ordinances,  and  of  all  State  laws,  except  where 
otherwise  especially  provided,  shall  be  sued  for  in  a  civil  action 
to  be  brought  by  the  city  of  Albany  in  its  corporate  name,  and 
the  amount  collected  in  each  and  every  action  shall  be  paid  to 
the  Chamberlain  of  the  city  of  Albany  for  the  use  of  the  city. 

§  2.  The  Corporation  Counsel  is  charged  with  the  prosecution 
of  all  said  actions  in  behalf  of  the  city  of  Albany. 


CHAPTER  55. 
Of  General  Penalties. 
Section  1.  The  violation  of  auj'  ordinance  or  resolution  now 
enacted  or  passed,  or  hereafter  to  be  passed  or  enacted  by  the 
Common  Council,  the  punishment  whereof  is  not  specitically  pre- 
scribed, shall  be  punished  liy  a  fine  not  less  than  one  dollar  nor 
exceeding  one  hundred  dollars,  in  the  discretion  of  the  court  or 
magistrate  where  the  conviction  is  had. 


CHAPTER  56. 

Of  Water  Maim,  Distribution  Pipes  And  Hydrants. 
Dimensions  of  mains. 

Section  1.  No  water  main  or  distribution  pipe  of  less  than  six 
inches  in  diameter  shall,  except  by  permission  of  the  Common 
Council,  be  laid  in  any  of  the  streets  of  the  city  of  Albany  after 
June  thirtieth,  eighteen  hundred  and  eighty-six. 

Laying  of  mains. 

§  2.  It  shall  be  the  duty  of  the  Water  Commissioners  of  the  city 
of  Albany,  whenever  it  becomes  necessai-y  to  lay  new  water 
mains  or  distribution  pipes,  or  replace  old  water  mains  or  distri- 
bution pipes,  to  lay  mains  or  distribution  pipes  not  less  than  six 
inches  in  diameter.  Nothing  herein  contained  shall  be  construed 
to  prohibit  the  repair  of  existing  water  mains  or  distribution 
pipes  less  than  six  inches  in  diameter  by  repairing  the  same  with 
,  mains  or  pipes  of  the  same  dimensions. 


732  Ordinances  of  tue 

Location  of  hydrants. 

§  3.  The  location  of  existing  hydrants  shall  not  be  changed 
except  by  permission  of  and  to  such  place  or  places  as  shall  be 
designated  by  the  Common  Council;  .iiid  wiien  new  hydrants  are 
erected  they  shall  be  placed  at  such  points  as  shall  be  designated 
by  the  Common  Council. 

Penalty  for  violating  ordinance. 

§4.  Any  person  violating  any  of  the  provisions  of  tliis  cliapter, 
or  who  sliall  lay  or  cause  to  be  laid,  or  assist  in  laying  any  water 
main  or  distribution  pipe  le»s  than  six  inches  in  diameter  in  any 
of  the  streets  of  the  city  of  Albany  without  first  having  obtained 
the  permission  of  the  Common  Council  so  to  do,  shall  be  liable 
to  a  penalty  of  not  less  than  ten  or  more  tlian  one  hundred 
dollars. 


CHAPTER  57. 

Of  MdrkctK. 
Description  of  Market  Square. 

Section  1.  All  that  certain  tract  or  i)arcel  of  land  situate,  lying 
and  being  in  the  Sixth  Ward  of  the  city  of  Albany,  bounded  and 
descriljod  as  follows,  to  Avit:  Commencing  at  the  south-east 
corner  of  the  brick  building  owned  by  Perry  &  Co.,  situated  on 
the  north  side  of  Hudson  avenue,  said  poiut  beiug  one  hundred 
and  nineteen  (119)  feet  and  live  (5)  inches  east  of  the  south-east 
corner  of  the  brick  malt-house  of  John  G.  White  «&  Son;  thence 
running  northerly  ou  the  line  of  the  east  face  of  Perry  &  Co.'s 
l)rick  building,  produced,  two  hundred  and  fifty-six  (256)  feet 
five  and  one-quarter  (5  1-4)  inches  to  the  south  line  of  Beaver 
street,  to  a  point  on  tlie  south  line  of  Beaver  street,  distant  forty- 
nine  (49)  feet  two  and  five-eighths  (2  5-8)  inches  from  the  north- 
east corner  of  the  brick  building  known  as  Doyle's  foundry; 
forty-five  (45)  feet  one  and  one-quarter  (1 1-4)  inches  from  the 
north-west  corner  of  Beaver  and  Wendell  streets;  and  forty  (40) 
feet  nine  and  three-quarters  (9  3-4)  inches  from  the  north-east  . 
corner  of  Beaver  and  Wendell  streets;  thence  easterly  along  the 
south  line  of  Beaver  street  about  two  hundred  and  forty-one  (241) 
feet  five  and  three-quarters  (5  3-4)  inches  to  the  south-west  corner 
of  Beaver  and  Grand  streets;  thence  southerlj'  along  the  west 
line  of  Grand  street  about  two  hundred  and  seventy-one  (271^ 
feet  to  the  north  line  of  Hudson  avenue,  which  point  is  sixty-two 


City  of  Albany.  733 

(62)  feet  one  and  three-quarters  (1  3-4)  inches  from  the  south-west 
corner  of  the  brick  building  on  the  north-east  corner  of  Grand 
street  and  Hudson  avenue;  thence  running  westerly  along  the 
north  line  of  Hudson  avenue  two  hundred  and  fifteen  (215)  feet 
nine  and  one-quarter  (9  1-4)  inches  to  the  place  of  beginning,  is 
hereby  declared  to  be  a  public  market  place,  to  be  known  and 
designated  as  "  Center  Market,"  and  shall  hereafter  be  kept  and 
maintained  for  the  use  of  farmers  and  market  gardeners,  and 
for  the  sale  of  beef,  pork,  veal,  mutton,  lamb,  poultry,  fish, 
butter,  cheese,  vegetables,  and  such  other  articles  as  are  usually 
sold  in  public  markets. 

Inspector  of  Markets,  bond  of. 

§  2.  The  Mayor  of  the  city  of  Albany,  in  the  manner  designated 
in  and  by  section  twenty-one  of  title  four  of  the  charter  of  the 
city  of  All)any,  shall  appoint  a  person  to  be  known  as  the 
"  Inspector  of  Markets."  He  shall  receive  an  annual  salary  of 
twelve  hundred  dollars,  to  be  paid  monthly  by  the  Chamberlain, 
out  of  the  rents,  fees  and  charges  received  from  the  markets. 
But  no  salary  shall  be  paid  except  from  such  rents,  fees 
and  charges  collected  during  the  year.  He  shall  execute  a  bond 
to  the  city  of  Albany,  witli  two  sureties,  to  be  approved  by  the 
Mayor,  which  bond  shall  be  in  the  penal  sum  of  one  thou- 
sand dollars  and  conditioned  for  the  faithful,  honest  and 
impartial  discharge  by  said  Inspector  of  Markets  of  the  duties 
of  his  said  office;  for  the  paying  over  to  the  said  Chamber- 
lain, within  three  days  after  its  receipt,  of  all  moneys  received 
by  him  as  such  Inspector  of  Markets,  and  for  the  observance 
by  him  of  all  such  by-laws,  ordinances  and  resolutions  as 
are,  or  shall  be  made  by  the  Common  Council  touching 
him  or  his  said  office.  The  said  bond  shall  be  filed  with  the 
Chamberlain;  and  the  said  Inspector  of  Markets  shall,  also, 
before  entering  upon  the  said  duties  of  his  said  office,  take  and 
subscribe  before  the  Mayor,  an  oath  or  affirmation,  well  and 
truly  to  discharge  the  duties  of  his  said  office. 

Duties  of  Inspector  of  Markets. — Reports  as  to  rentals. 

§  3.  The  Inspector  of  Markets  shall,  under  the  direction  of  the 

Market    Committee    of    the    Common    Council,    have    exclusive 

charge  and  control  of  the  said  public  market  place,   and  the 

wagons,  stands  and  stalls  in  said  market  place,  and  surrounding 

■  the  same,  the  prevention  of  the  sale  and  the  offering  for  sale  of 


734  Ordinances  of  the 

Improper  articles  therein,  and  tlie  general  management  thereof. 
He  shall  collect,  receive  and  pay  over  to  the  Chamberlain,  who 
shall  credit  the  same  to  the  fnnd  known  as  contingents  or  street 
contingents,  all  moneys  payable  by  law  for  the  use  of  the  stalls, 
stands  or  standing  room  in  said  market,  and  shall  keep  an 
account  of  the  same  and  shall  report  in  detail  and  by  item  to  the 
Common  Council  at  its  regular  meeting,  held  on  the  first  Monday 
of  every  month,  the  amount  of  money  received  by  him  and  paid 
over  to  the  Chamberlain  during  the  last  preceding  month.  He 
shall  also  attend  regularly  at  the  market  every  morning  from  five 
o'clock  until  one  o'clock  in  the  afternoon,  and  shall  give  direc- 
tions respecting  the  arrangement  or  removal  of  any  article, 
vehicle,  cart,  wagon,  box,  basket  or  other  thing  therein  or  in  tlie 
streets  in  or  adjoining  the  same.  He  shall  also  keep  the  stalls 
in  the  building  and  the  ground  in  the  open  space  adjoining,  clean 
and  in  good  repair,  and  shall  keep  the  streets  adjacent  thereto 
clean  and  free  from  all  obstructions,  and  shall  give  the  necessary 
directions  for  that  purpose  to  all  persons  occupying  said  stalls  or 
market  site.  It  shall  be  his  duty  also  to  report  to  the  Common 
Council,  from  time  to  time,  any  and  all  violations  of  the  regula- 
tions and  ordinances  relating  to  the  market;  and  any  person  who 
shall  neglect  or  refuse  to  obey  any  directions  given  by  virtue  of 
this  section,  shall  be  guilty  of  a  misdemeanor,  and  shall  be  liable, 
upon  conviction,  to  pay  a  fine  of  five  dollars  for  eveiy  such 
violation. 

Sale  of  unwholesome  foods. 

§4.  It  shall  be  the  duty  of  the  said  Inspector  of  Markets  to 
examine  all  articles  offered  for  sale  in  said  market,  which  he 
may  suspect  to  be  unwholesome  or  stale,  or  any  blown,  stuffed, 
tainted,  putrid  or  measly  meat,  poultry  or  other  provisions,  or 
flesh  of  animals  dead  by  accident  or  diseased,  or  known  or  sus- 
pected to  be  diseased  at  the  killing  of  the  same;  and  no  person 
shall  hinder,  obstruct  or  molest  him  in  the  performance  of  the 
duty  herein  enjoined,  under  a  penalty  of  fifty  dollars;  and  any 
person  who  shall  sell  or  expose  for  sale  in  the  said  market,  or 
elsewhere  in  the  city  of  Albany,  any  such  article  or  thing  as  is 
described  in  this  section  shall  be  guilty  of  a  misdemeanor,  and 
shall,  upon  conviction,  forfeit  his  or  her  lease  and  license,  and 
be  punished  by  a  fine  of  not  less  than  ten  dollars,  or  by  imprison- 
ment of  not  more  than  ten  days,  or  by  both  such  fine  and 
imprisonment. 


City  of  Albany.  735 

Map  of  market  stalls  and  stands. 

§  5.  The  City  Engineer  shall,  uuder  the  direction  of  the  Marlcet 
Committee  of  the  Common  Council,  make  a  map  of  tlie  said 
Center  Market  and  subdivide  the  same  into  streets  and  stands 
of  such  number  and  size  as  the  said  Market  Committee  shalU 
direct.  Tlie  said  map,  when  completed,  shall  be  filed  in  the  office 
of  the  Citj-  Engineer.  The  said  City  Engineer  shall  thereupon 
suitably  mark  out  and  designate  the  said  streets  and  stands  on 
the  market  site.  The  said  Market  Committee  shall  thereupon 
designate  by  the  map  numbers,  the  stands  on  said  market  site, 
which  they  are  hereby  authorized  and  directed  to  set  apart,  for 
the  sole  and  exclusive  use  of  the  lessees  of  the  same,  as  herein- 
after provided.  The  remainder  of  said  market,  not  dep'gnated 
and  set  apart,  to  be  leased  as  aforesaid,  exclusive  of  the  market 
streets,  shall  be  free  and  set  apart  for  the  sole  and  exclusive 
use  of  farmers  and  market  gardeners,  selling  country  produce 
raised  upon  farms  or  lands  owned  or  occupied  by  them.  The 
words  "  farmers  and  market  gardeners  "  when  used  in  this  ordi- 
nance shall  be  taken  and  construed  to  mean  only  such  persons 
as  shall  obtain  a  living  by  agricultural  pursuits,  and  not  by 
butchering  and  selling  meats.  The  designation  above  provided 
for  shall  be  made  in  writing  and  filed  in  the  office  of  the  City 
Engineer. 

Market  Committee  to  lease  stands. 

§  6.  The  Market  Committee  shall,  within  ten  days  after  the 
pas.sage  of  this  ordinance,  cause  a  notice  to  be  published  in  the 
official  newspapers  for  ten  days,  that  they  will  at  a  time  and 
place  therein  mentioned,  lease,  at  public  auction  or  othemise,  all 
the  stands  in  said  market,  designated  to  be  leased  as  aforesaid, 
and  shall,  from  time  to  time,  fix  the  rates  to  be  paid  by  the 
lessees  for  each  of  said  stands  or  places  occupied  by  them  for 
the  sale  of  goods  in  the  said  market  place.  All  rents  and  charges 
for  stalls  or  stands  shall  be  paid  quarterly  in  advance,  and  the 
lessees  shall  observe  the  ordinances  regulating  this  market,  or 
their  leases  shall  be  forfeited.  All  leases  shall  be  made  out  to 
the  real  party  in  interest,  and  no  person  or  firm  shall  lease  more 
than  two  stands.  The  said  leases  shall  be  signed  by  the  Mayor 
and  shall  specify  the  space  let  and  to  be  occupied  by  the  lessee  by 
market  map  number,  and  shall  be  granted  on  the  express  con- 
ditions, to  be  therein  set  forth,  that  the  said  lessee  shall  not 
during  the  term  aforesaid,  sell  or  underlet  or  assign  the  said 


736  Ordinances  of  the 

lease  or  stand  without  the  written  permission  of  the  Marliet 
Committee  of  the  Common  Council,  and  that  he  shall  during  the 
time  aforesaid  in  all  things  well  and  truly  conform  himself  to 
the  rules,  ordinances  and  regulations  made,  or  which  may  be 
made  or  passed  by  the  Common  Council  of  said  city  respecting 
said  market,  and  that  the  said  lease  shall  cease  and  be  void 
when  the  Common  Council  shall  deem  that  the  interests  of  the 
city  require  the  same,  or  on  its  sale  and  transfer  or  sub-letting 
without  the  written  permission  of  the  Market  Committee  as 
aforesaid,  or  on  conviction  for  any  offense  against  any  of  the 
ordinances  hereinbefore  mentioned  and  set  forth.  A  forfeited  or 
avoided  lease  shall  at  once  revert  to  the  city  of  Albany,  and  shall 
at  once  be  let  and  rented  to  other  persons  for  the  balance  of  the 
term  of  tlie  former  lessor.  All  leases  shall  run  for  one  year  from 
the  first  day  of  April  then  next  ensuing,  except  that  the  first  leas- 
ing had  under  this  ordinance  shall  be  from  the  time  of  the  first 
letting  until  April  first,  eighteen  hundred  and  ninety-one.  It  is 
hereby  made  a  misdemeanor  for  any  person  or  persons,  other  than 
farmers  and  market  gardeners,  to  occupy  for  business  purposes 
any  of  the  free  stands  or  places  in  said  market,  designated  as 
aforesaid  for  their  sole  and  exclusive  use.  No  lease  made  as 
hereinbefore  provided  shall  be  construed  to  vest  any  interest  in 
the  soil  or  in  any  part  of  the  soil  of  the  public  market,  or  any 
estate  or  property  therein,  or  its  appurtenances,  in  any  lessee, 
nor  shall  it  give  the  right  to  erect  any  structures,  buildings  or 
stands  on  the  same  or  any  part  thereof.  All  leases  issued  as 
hereinbefore  provided  shall  be  recorded  in  the  Mayor's  office  in 
a  book  to  be  provided  by  the  Common  Council  for  that  purpose. 
Persons  leasing  stands  or  stalls  under  the  provisions  of  this  sec- 
tion shall  not  be  compelled  to  take  out  a  license  under  provisions 
of  chapter  thirty-two  of  Laws  and  Ordinances,  as  a  condition  of 
carrying  on  business  in  said  Center  Market. 

Market  days. 

§  7.  Every  day  in  the  week,  except  Sunday,  shall  be  a  public 
market  day  in  said  market  place. 

No  sales  permitted  in  carriage-way  or  walks. 

§  8.  No  person  shall  sell  or  expose  for  sale  any  goods,  articles 
or  thing  whatsoever  on  the  sidewalk  or  in  the  carriage-way  of 
any  street  in  or  adjoining  such  market;  nor  shall  any  wagon,  cart 
or  basket  be  permitted  to  remain  in  Hudson  avenue.  Grand  street 


City  of  Albany.  737 

or  Beaver  street,  contiguous  to  or  adjoining  said  market,  or  in  a 
market  street,  for  any  longer  period  than  twenty  minutes;  nor 
shall  any  butcher  or  other  person  place  or  tie,  or  allowed  to  be 
placed  or  tied  upon  any  sidewalk  or  street,  in  or  surrounding  the 
market,  any  calf,  sheep,  swine  or  otlier  animal. 

Sale  of  meats. 

§9.  All  meats  sold  at  the  market,  and  all  otlier  articles  and 
things  usually  sold  by  weight,  shall  be  previously  weiglied  in  a 
scah>  l)y  weights  previously  sealed  by  the  City  Inspector  of 
Weiglits  and  Measures;  and  in  case  of  suspicion  respecting  the 
weight  of  any  article  sold  or  offered  for  sale  by  weight,  or  of 
the  quantity  of  any  article  sold  or  offered  for  sale  by  measure 
in  said  market,  it  shall  be  the  duty  of  the  said  Inspector  of 
Markets  to  weigh  or  measure  the  same;  and  if  any  such  article 
shall  be  found  deficient  in  weight  or  measure,  the  person  sell- 
ing or  offering  the  same  for  sak'  sliall  be  deemed  guilty  of  a 
misdemeanor. 

Duty  of  Inspector  of  Weights  and  Measures. 

§  10.  It  shall  be  the  duty  of  the  Inspector  of  Weiglits  and  Meas- 
ures, once  in  every  three  months,  and  oftener,  if  the  Inspector 
of  Markets  shall  think  proper  and  direct,  to  examine  and  inspect 
all  weights,  measures,  scales,  beams  and  balances,  used  in  weigh- 
ing or  measuring  in  tlie  .said  market;  and  if  any  person  shall 
neglect  or  refuse  to  exhibit  his,  her  or  their  weights,  meas- 
ures, scales,  beams  or  balances,  or  any  of  them,  for  the 
purpose  of  examination  or  inspection,  as  aforesaid,  or  shall 
obstruct,  hinder  or  molest  said  Inspector  of  Markets  in  the 
shall  obstruct,  hinder  or  molest  said  Inspector  of  Markets  in  the 
performance  of  the  duties  enjoined  ))y  this  section,  he  or  they 
shall  be  liable  to  a  penalty  of  twenty-five  dollars  for  each  and 
every  offense. 

Throwing  bones,  garbage. — Injury  to  stalls,  etc. 

§  11.  No  butcher  or  other  person  shall  wantonly  or  willfully 
cast  or  throw  any  meat,  bones,  pluck,  garbage  or  other  articles 
in  the  said  market,  or  make  or  assist  in  making  any  disturbance 
or  improper  diversions  therein,  or  in  the  streets  adjacent  thereto; 
nor  shall  any  person  break,  cut  down,  take  away  or  wantonly 
injure  any  stall,  stand  or  other  part  of  said  market,  or  commit 
any  nuisance  therein,  under  a  penalty  of  twenty-five  dollars. 
•  besides  being  liable  to  an  action  to  recover  the  damage  done. 

47 


738  Ordinances  of  the 

Idlers. 

§  12.  No  idlers  shall  be  permitted  to  remain  in  said  market;  nor 
shall  any  porsou  keep  or  harbor  auj'  dog,  male  or  female,  in  or 
about  said  market. 

Penalty  for  transgressing  privileges. 

§  13.  In  every  case  where  the  agent  or  servant  of  any  farmer, 
market  gardener,  licensed  vender,  butcher  or  hawker,  sliall  trans- 
gress any  provision  of  this  chapter,  lie  or  they  so  offending,  or  his 
or  their  master  or  employer,  shall  be  liable  to  the  payment  of 
the  penalties  prescribed  in  said  chapter. 

Carts  and  wagons. 

§  14.  All  calls  and  wagons  while  in  or  on  the  market,  or  on  a 
market  stand,  shall  have  the  animals  for  drawing  the  same 
attached  to  such  wagon  or  other  vehicle;  and  all  carts  or  wagons 
remaining  in  the  market  square  shall  stand  lengthwise  with 
Beaver  street  and  Hudson  avenue.  No  carts,  wagons  or  stands 
shall  be  permitted  to  remain  in  the  market  after  the  hour  of  one 
o'clock  in  the  afternoon.  No  person  shall  push,  drive  or  draw 
any  wheelbarrow,  wagon  or  carriage,  drive  or  lead  any  horse, 
cart,  wagon  or  other  carriage  over  said  market  site,  or  use,  ride 
or  drive  any  sled  or  sleigh  thereon,  or  use  the  same  as  a  public 
thoroughfare,  but  nothing  in  this  section  contained  shall  interfere 
with  or  in  any  way  curtail  the  use  of  said  site  as  a  public  market 
by  horses  or  vehicles  lawfully  on  the  same  for  market  purposes, 
during  market  hours.  Any  person  offending  against  any  of  the 
provisions  of  this  section  shall  be  deemed  guilty  of  a  misde- 
meanor, and  in  addition  thereto  shall  be  subject  to  a  penalty  of 
five  dollars  for  each  offense.  It  shall  be  the  duty  of  the  police  to 
see  that  the  provisions  of  this  section  are  carried  into  effect,  and 
to  report  the  name  of  nuy  person  driving  over  or  using  the  said 
market  site  as  a  thoroughfare  contrary  to  the  provisions  of  this 
section  and  the  name  of  the  owner  or  person  having  charge  or 
possession  of  any  cart  or  wagon  or  stand,  standing  thereon  con- 
trary to  the  provisions  hereof,  to  the  police  justices;  and  in  case 
no  owner  or  person  shall  be  found  having  charge  of  the  same, 
such  cart  or  wagon  or  stand  shall  be  conveyed  forthwith,  by 
any  of  the  police,  the  Market  Inspector  or  any  peace  ofl^cer,  to 
the  public  pound,  and  shall  be  kept  in  custody  until  claimed  by 
the  owner  or  person  having  charge  of  the  same,  who  shall  there- 


City  of  Albany.  739 

upon  be   reported   to   the   Tolice   Court,  and  proceeded  against 
under  the  provisions  of  this  section. 

Retailing  meat  and  fish  not  permitted. 

§  15.  No  person  shall  buy  any  provisions  or  article  of  food  in 
the  market,  for  the  purpose  of  selling  again  in  the  said  market 
during  market  hours,  that  is  to  say,  from  the  opening  of  the 
market  until  the  hour  of  ten  in  the  morning;  nor  shall  any  per- 
son sell  or  offer  for  sale  in  Center  Market,  at  any  time,  any 
fresh  meat  of  any  animal  in  pieces  or  quantities  less  than  one- 
(luaiter  of  any  such  animal;  nor  sliall  any  per.son  sell,  or  offer 
for  sale,  any  fresh  fish  in  pieces  or  (piantities  less  than  two  hun- 
dred pounds. 

Ordinance  to  be  posted  on  market. 

§  16.  Copies  of  this  ordinance  shall,  as  often  as  is  required,  be 
fast«'ued  up  in  conspicuous  places  in  and  about  the  Center 
Maikt't,  and  any  person  wlio  shall  deface,  destroy  or  take  down 
any  of  said  copies  sliall  be  deemed  guilty  of  a  misdemeanor. 

Violating  ordinance. 

§  17.  Any  person  violating  any  of  the  provisions  of  this  ordi- 
nance, for  which  no  other  punislnnent  is  prescribed,  shall,  upon 
conviction,  be  punished  by  fine  of  not  exceeding  thirty  dollars, 
or  by  imprisonment  not  exceeding  thirty  days,  or  by  both  such 
line  and  imprisonment. 


CHAPTER  58. 

Arms  and  Seal  of  the  City  of  Albany. 

Section  1.  The  device  of  arms  of  the  city  of  Albany,  adopted 
pursuant  to  resolutions  of  the  Common  Council,  passed  December 
sixteenth,  seventeen  hundred  and  eighty-nine,  and  January  ninth, 
seventeen  hundred  and  ninety,  is  hereby  re-established  and 
readopted,  and  declared  to  be  correctly  described  as  follows: 

Arms:  Gules,  two  garbs  in  fess,  or;  on  a  chief  argent,  at  the 
dexter  side  a  beaver  contourae  and  on  his  hind  feet,  his  forepaws 
resting  upon  a  tree  stump  erect,  which  he  is  gnawing;  the  tree, 
fallen,  still  attached  to  the  stump,  fesswise  and  contourne,  all 
proper. 


740  ORbWANCES   OF  TSE 

Crest:  On  a  wreath  of  six  twists  argent  and  gules,  a  Dutch 
sloop  vert,  under  sail,  all  proper,  pennant  flying  gules. 

Supporter:  Standing  upon  an  extension  of  the  scroll  herein- 
after described: 

Dexter  Supporter:  A  farmer  proper,  h.-ihited  with  a  deerskin 
coat,  open  and  sliowiug  a  white  slurt.  lionic-spun  trousers,  bluish 
gi'ay.  1)uckle(l  shoes,  a  gray,  broad-brlninied  felt  lint  upon  his 
held;  his  sinister  arm  embowed,  the  hand  supporting  the  sliicld 
at  tlie  dexter  chief  i)olut;  a  sickle  proper,  point  to  the  dcxicr 
hanging  over  liis  dexter  forearm  whlcli  rests  upon  the  lii]).  to 
the  front. 

Sinister  Supporter:  An  American  Indian,  savage,  proper; 
girded  with  a  l)eaver  skin;  moccasined;  a  feather  gules  in  his 
scalp  lock;  an  elongated  ornament  lianglng  from  the  ear.  argent; 
a  quiver  belt  leather,  trimmed  wltli  l)eads  of  wampum,  passed 
over  the  sinister  shoulder,  tlie  feathers  of  the  arrows  showing 
above  the  shoidder  from  beliind;  his  dexter  arm  embowed,  the 
elbow  resting  upon  and  supporting  the  slueld  at  tlie  sinister  chief 
point,  the  forearm  contourne;  ids  sinister  arm  embowed,  the 
forearm  pale  wise,  holding  in  the  hand,  just  above  the  shoulder 
the  top  of  a  strung  bow;  the  string  to  the  sinister,  the  bow  partly 
disappearing  beliind  the  sinister  hip  and  again  emerging,  its  base 
resting  upon  the  scroll  (hereinafter  described)  all  proper. 

Motto:  On  the  above  mentioned  scroll,  argent,  below  the  shield 
and  never  across  it:   "  Assiduity  "  in  plain  Roman  letters  gules. 

§  2.  The  Mayor  of  the  said  city  of  Albany  shall  cause  a  common 
seal  for  the  city  of  Albany  to  be  engraved  upon  metal,  two  Inches 
in  diameter,  bearing  the  device  of  arms  of  the  said  city  of 
Albany,  accurately  conformed  to  the  description  of  the  same 
given  in  section  first  of  this  law,  and  the  arms  so  engraved  shall 
be  surrounded  with  tlie  legend  "  The  Seal  of  the  City  of  Albany. 
Charter  1686." 

§  3.  From  and  after  the  first  day  of  March,  eighteen  hundred 
and  eighty-nine,  the  seal  provided  as  aforesaid  by  the  Mayor  ot 
tlie  city  of  Albanj^  sliall  be  and  become,  and  is  hereby  made  and 
adopted,  the  common  seal  of  the  city  of  Albany  to  serve  for  the 
sealing  of  all  and  singular  its  affairs  and  business  touching  or 
concerning  said  corporation,  and  shall  be  used  for  all  the  requi- 
site purposes  of  the  said  city  of  Albany,  and  the  present  common 
seal  of  the  said  city  of  Albany  is  changed,  altered  and  new-made 
as  aforesaid. 


City  of  Albany.  741 

§  4.  Ou  the  secoud  day  of  March,  eigliteeu  hundred  and  eighty- 
nine,  the  present  common  seal  of  the  city  of  Albany  shall  be 
defaced  by  the  Mayor  of  the  city  of  Albany  or  by  his  order,  and 
shall  be  deposited  by  him  in  some  suitable  place  for  preservation. 

§  5.  The  device  of  arms  of  the  city  of  Albany,  as  described 
and  blazoned  in  section  first  of  this  law,  when  used  upon  public 
documents,  sliall  be  depicted  as  above  blazoned,  without  altera- 
tion or  addition. 


CHAPTER  59. 

Of  Telegraph,   Telephone,  Electric   Light,  Electric  Railway  and  Elec- 
tric Poirer  Lines. 

Authority  of  Chief  of  Fire  Department. 

Secliuu  1.  The  Chief  of  the  Fire  Department,  under  the  diri'C- 
tiou  of  the  Mayor  and  Common  Council,  shall  have  the  super- 
vision and  charge  of  all  telegraph,  telephone  and  electric  lines. 
He  shall  forthwith  report  to  the  Mayor  any  violations  of  this 
ordinance. 

Companies  to  agree  to  conform  to  city  ordinances. 

§2.  No  telegraph,  telephone  nor  electric  line,  shall  hereafter 
be  erected  nor  maintained  until  the  owner  thereof  shall  tile  Avitli 
the  Mayor  a  written  agreement  accepting  and  promising  to  abide 
by  and  perform  all  the  conditions  and  provisions  of  this  ordi- 
nance, and  all  amendments  hereafter  made  thereto. 

Erection  of  posts  or  poles. 

§  3.  On  streets  wlieri;  curb-stones  are  set  all  posts  shall  be 
erected  in  the  sidewalk,  within  and  adjoining  the  curb-stoni'S, 
the  posts  shall  be  so  erected  as  not  to  interfere  with  the  gutters. 
No  post  shall  be  erected  within  live  feet  of  any  hydrant,  nor  so 
as  to  interfere  with  any  water  pipe,  shade  tree,  drive-way  or 
intersection  of  streets. 

Material  for  poles  or  posts. 

§  4.  All  po.st.s  for  telegraph,  telephone  and  electric  lines  shall 
be  straight,  properly  trimmed  and  painted,  shall  not  be  less  than 
twenty-five  feet  in  height  from  the  ground,  shall  be  of  iron,  cedar, 
pine  or  chestnut,  and,  if  of  wood,  not  less  than  six  inches  in 
diameter  at  the  smaller  end  and  ten  inches  in  diameter  at  the 
ground.     Such  posts  shall  be  properly  set  in  the  ground  to  the 


742  Ordinances  of  the 

depth  of  at  least  five  feet.  Wherever  any  wire  shall  cross  any 
street  or  way  it  shall  be  at  a  height  uot  less  tliau  twenty-tive 
feet  above  such  street  or  way,  aud,  where  practicable,  cross  at 
right  angles.  In  eases  where  any  such  wire  shall  be  connected 
with  any  building,  it  shall  be  attached  to  the  top  or  lire-wall  of 
such  building. 

Wires. 

§  5.  All  wires  for  the  transmission  of  electricity  for  lighting 
and  motive  power  shall  at  all  times  be  so  insulated  as  to  resist 
abrasion  and  heat,  and  be  impei-vious  to  water.  When  placed 
above  the  surface  of  tlie  ground  such  wires  shall  be  suspended 
upon  posts,  and,  wherever  in  proximity  to  other  wires,  dead 
guard  wire  must  be  placed  so  as  to  prevent  any  possibility  of 
contact  with  foreign  wires.  This  rule  must  apply  to  both  arc 
and  incandescent  wires.  When  any  such  wire  shall  be  broken, 
or  its  insulation  become  imperfect,  the  electric  current  shall 
forthAvith  be  discontinued  and  the  wire  uot  used  until  properly 
repaired  and  insulated. 

Securing  wires. 

§  6.  Wires  for  the  transmission  of  electricity  for  lighting  and 
motive  power  shall  be  secured  to  insulating  fastenings  of  glass, 
hard  rubber  or  otlier  approved  insulating  material.  All  tie-wires 
shall  be  insulated  in  the  same  manner  as  conducting  wires.  All 
joints  in  wires  shall  be  securely  made,  and  where  possible 
soldered,  and  wrapped  with  insulating  material  that  will  resist 
heat  and  abrasion  and  be  impervious  to  water.  Continuous 
wires,  without  joints,  shall  be  used  as  far  as  possible. 

Wires  through  walls  to  be  encased,  etc. 

§  7.  Wires  for  the  transmission  of  electricity  for  lighting  and 
motive  power,  passing  through  the  exterior  Avails  of  buildings, 
shall  be  firmly  encased  in  substantial  tubes  of  non-conducting 
material  not  liable  to  absorb  moisture,  and  so  placed  as  to  pre- 
vent water  from  entering  the  Ijuilding  along  the  wire.  Outgoing 
and  returning  wires  for  arc  liglits  sliall  enter  aud  leave  buildings 
at  points  one  foot  at  least  from  each  other;  those  for  incan- 
descent lights  shall  so  enter  and  leave  buildings  at  points  one 
foot  at  least  from  each  other.  In  running  along  outside  walls, 
cornices  and  the  like,  all  such  wires  shall  be  rigidly  fastened  by 
non-conducting  fastenings;   and  where  carried  over  or  attached 


City  of  Albani.  743 

to  buildings,  must  be  at  least  seven  feet  above  the  highest  point 
of  flat  roois,  and  one  and  a  half  feet  above  pitch  roofs,  and 
placed  so  as  to  avoid  ladders  of  the  Fire  Department.  They  shall 
not  be  run  over  or  attached  to  buildings  other  than  those  desiring 
light  and  power.  In  the  interior  of  buildings  all  such  wires  shall 
be  so  placed  as  not  to  come  in  contact  with  iron  pipes,  posts,  nor 
girders,  nor  in  any  way  so  as  to  form  other  circuits  or  ground 
connections.  In  passing  through  floors  or  partitions  or  walls, 
they  shall  be  surrounded  by  an  insulating  tube  of  substantial 
material  to  protect  them  from  injury  by  rats  or  mice.  All  inside 
wires  must  ])e  so  placed  as  to  bo  easily  aud  thoroughly  inspected. 
Whenever  such  wires  enter  a  building,  a  cut-out  of  simple  form 
and  construction  shall  be  provided  and  properly  attached  as  near 
as  possible  to  such  entrance. 

Frames  of  arc  lamps. 

§8.  The  frame  and  exposed  parts  of  all  arc  lamps  shall  be 
insulated  from  the  circuit.  All  such  lamps  shall  be  provided 
with  a  separate  hand  switch  and  also  with  an  automatic  switch 
which  will  close  the  circuit  whenever  the  carbons  do  not 
approach  each  other  or  the  resistance  becomes  excessive.  Arc 
lamps  must  be  provided  with  some  arrangement  to  prevent  the 
lower  carbon  from  falling  out  in  case  the  clamp  does  not  hold 
them  securely.  For  inside  use,  the  globes  must  rest  in  a  tight 
stand,  that  no  particles  of  melted  copper  or  heated  carbon  can 
escape.  Converters  on  alternating  circuits  must  be  outside  of 
buildings  and  must  be  placed  high  enough  from  the  roof  to  pre- 
vent possible  injury  to  firemen. 

Incandescent  lamps. 

§  9.  For  incandescent  lamps  the  conducting  wire  to  each  build- 
ing and  branch  circuit  shall  be  provided  with  an  automatic 
switch  or  cut-out  or  its  equivalent,  capable  of  protecting  the 
system  from  injui-j-  by  an  excessive  current  of  electricity. 

Cutting  wires  at  fires. 

§10.  In  case  of  fire,  the  Chief  of  Fire  Department,  or  the 
assistant  in  command,  shall  have  full  power  and  authority  to 
order  and  cause  any  electric  wires  to  be  cut  or  removed  and 
electric  currents  discontinued  until  the  fire  is  extinguished. 


744  Ordinances  of  the 

Dead  wires. 

§  11.  All  dead  wires  whore  orossiiiy  i)ul)li('  streets  or  ways  shall 
be  removed. 

Charts  of  wires. 

§12.  Upon  the  coiupletiou  of  any  circuit  for  the  transmission 
of  electricity  for  lighting  and  motive  power,  and  before  it  is 
used,  a  chart  showing  tlie  location  of  the  wires  and  posts  of  such 
circuit  shall  be  filed  with  the  Chief  of  the  Fire  Department,  and 
any  change  of  such  posts  or  wires  shall  be  reported  to  him  within 
twenty-four  hours. 

Wires  to  be  strung. 

§13.  The  provision  of  this  ordinance  shall  apply  to  all  wires 
now  or  hereafter  strung  or  suspended  in,  tiirough,  or  across  any 
and  all  public  streets,  avenues,  alleys,  public  places  and  squares 
in  the  city  of  Albany. 

Violation  of  ordinance. 

§  14.  Every  person  or  corporation  violating  any  or  either  of  the 
provisions  of  this  ordinance  shall  incur  a  penalty  of  twenty-five 
dollars  for  each  and  every  such  violation  and  a  further  and  addi- 
tional penalty  of  twenty-five  dollars  for  each  and  every  day  he 
or  it  shall  neglect  after  notice  received  from  the  Chief  of  the 
Fire  Department  to  comply  therewith. 


CHA1»TER  60. 

Of  reports  by  city  officers,  bo;irds  or    conimissions. 

The  City  of  Albany,  In  Common  Council  convened,  ordains  as  fallows  : 
Inventories  to  be  made. 

Section  1.  It  shall  be  the  duty  of  every  city  officer,  board  or 
commission  having  in  his  or  its  charge  any  city  property,  to 
report  to  the  Common  Council  annually,  at  the  close  of  the  fiscal 
year,  an  inventory  of  the  property  so  lield,  setting  its  actual  and 
just  value,  a  copy  of  which  inventory  shall  also  be  tiled  by  said 
city  officer,  board  or  connnission.  with  the  City  Chambenain. 


City  of  Albany.  745 

CHAPTER  61. 

To  provide  for  alarm  hells  aud  lamps  oil  bicycles  aud  to  regulaie 
the  speed  thereof. 

Thi  Cily  of  Albany,  in  Common  Council  convened,  ordains  m  follows  : 
Alarm  bells. 

Section  1.  All  persons  ridiuj?  or  propelling  with  the  feet  a 
bicycle,  tricycle,  velocipede  or  other  vehicle  of  propulsion,  on  the 
public  streets  or  avenues  or  in  the  parks  of  this  city,  shall  attach 
to  and  caiTj-  on  such  vehicle  an  alarm  bell,  which  said  bell  the 
said  persons  shall  ring  or  sound  tm  approaching  aud  witliin  thirty 
feet  of  the  intersection  of  any  street  or  avenue  proposed  to  be 
crossed. 

Lamps. 

§  2.  All  per.sons  riding  a  bicycle,  tricycle,  velocipede  or  otlier 
vehicle  of  propulsion  in  or  upon  the  roads  and  paths  of  Washing- 
ton I'ark  of  this  city  after  the  street  lamps  are  lighted  and 
before  they  are  extiuguislied.  sliall.  while  so  riding,  attacli  to  aud 
carry  on  said  vehicle  a  lighted  lantern,  which  shall  Ite  kept 
lighted  while  the  person  is  riding  said  vehicle  in  or  upon  the 
roads  aud  paths  in  said  park  as  aforesaid. 

Rate  of  speed. 

§  3.  No  person  using  a  bicycle,  tricycle,  velocii)ede  or  other 
vehicle  of  propulsion  on  the  public  streets  or  avenues  or  parks 
of  this  city  shall  propel  such  vi-hiele  at  a  rate  t)f  speed  greater 
than  eight  miles  an  hour;  and  all  sueli  persons  shall  observe  the 
law  of  the  road. 

Biding  abreast. 

§4.  No  greater  numlier  of  persons  than  two  abreast  shall 
parade  or  ride  in  tlie  streets  or  avenues  or  parks  of  this  city  at 
any  time  on  such  bicycles,  tricycles,  velocipedes  or  other  vehicles 
of  propulsion. 

Riding  on  footpaths  or  sidewalks. 

§5.  No  per.sou  shall  ride  any  l)i(ycle.  tricycle,  velocipede  or 
other  vehicle  of  propulsion  on  or  over  any  footpath  in  any  of 
the  parks  or  on  or  over  auy  of  the  sidewalks  of  any  of  the  streets 
or  avenues   in   this  city,   except   it   be  to  go  into  a  yard,   lot   or 


746  Ordinances  of  the  City  of  Albany. 

bulldiuj?.     This  sectiou   shall   not   apply    to  children    under   ten 
years  of  age. 

Penalty. 

§  6.  Any  persons  violating  any  of  the  provisions  of  this  cliapter 
shall  be  fined  in  an  amount  or  sum  not  exceeding  ten  dollars. 

Repeal  of  former  ordinances. 

§7.  All  laws  and  ordinances  of  the  city  of  Albany  heretofore 
in  force  respecting  and  regulating  the  use  of  bicycles,  tricycles, 
velocipedes  and  otlier  vehicles  of  propulsion  are  hereby  repealed. 


INDEX  TO  CHARTER. 


A. 

Abetting:  Page. 

in  converting  public  property  to  private  use 09 

In  embezzlement   of  public  moneys 99 

in  illegal  disposition  of  public  funds 99 

in  promising  or  giving  bribes 171 

Absence: 

continued  for  two  months  a  cause  of  expulsion  from  Common 
Council 40 

of  Mayor  for  thirty  days  makes  President  Common  Council 
Mayor  71 

of  quorum  in  membership  in  Common  Council  causes  a  special 
election  to  fill  vacancies   £9 

of  quorum,  members  present  may  compel  attendance S9 

Absolute  right  of  ferry,  vested  in  city 29 

Abstract: 

of  Alms-house  accounts,  presented  by  Chamberlain 86 

of  bids  to  be  entered  in  books 114 

Acceptance: 

of  bonds  of  contractors  by  city 80 

of  work   by   Street  Commissioner 146 

of  work  to  be  filed  with  Chamberlain 146 

Accounts: 

all  accounts  a  public  record  in  Chamberlain's  office 85 

Alms-house,   how  audited  and  paid 83 

audited  at  more  than  twenty-five  dollars  to  be  paid  by  check 85 

Board  of  Finance,  how  audited  and  paid 85 

City   Engineer's,    how   audited   and   paid 149 

claims  and  demands  to  be  presented  in  form  of 84 

claims  of  contractors,    how  paid 87—122 

disallowed  accounts  to  be  filed  with  Chamberlain 84 

forms   for  presentation  of   62 

for  lighting  city,    how   audited   and   paid 147 

general    claims,    how   audited    61 

how  to  be  presented   61—84 

if  for  more  than  twenty-five  dollars,   to  be  printed 61 

if  printed,  to  be  distributed  to  Mayor  and  city  officers 61 

illegal  accounts   not  to  be  audited 56,  174 

illegal  not  to  be  paid  by  Chamberlain 174 

Mayor  to  approve  of   85 

must   be   verified    62 

no  city  official  to  be  interested  in 53,  62,  173 

payment  of,   may  be  withheld  for  illegality 174 

presentation  of.  in  name  of  real  party  at  interest 62,  174 


748  Index  to  Cuarthr. 

Accounts  —  (Continued):  Page. 

presentation    of,    on    proper    forms 62 

swearing  falsely  to,  perjury   83,  172 

to  be  certified  to  by  proper  authority 56 

to  be  paid  by  Chamberlain  03,    84 

to  state  nature  of  service  or  kind  of  supplies 61,    62 

verification  of 62,  174 

when   irrecoverable   64 

when  to  be  paid  63—87 

Accumulations  of  dirt,   rubbish,   snow,   etc.: 

how  prevented 51—117,  173 

how  removed 118,  119,  173 

Actions: 

begun  in  Supreme  or  County  Court  to  vacate  assessment 142 

Corporation    Counsel    may    compromise    81 

for   recovery   of  amount   of   claims    C3 

for  recovery  of  damage  to   carriage-way  in  opening  streets 140 

for  recovery  of  property   sold   for  tax 90,    91 

for  recovery  of  unpaid  tax  by  County  Treasurer 100 

for   violation   of   fire   law    177 

to  acquire  title  in  eminent  domain 81,  161 

to  restrain  the  erection  or  repair  of  wooden  buildings 179 

to   secure   possession   of  property   purchased   at   tax   sale 90 

to  stay  the  payment  of  contractor,  when  fraud  is  charged 141 

trustees    of    sinking    fund    to    refund    moneys    paid    at    tax    sale 

where  title  is  invalid  91 

where  judgment  is  against  purchaser  at   tax  sale 91 

where  judgment  for  claimant  carries  costs  for  claimant 64 

Acts: 

how   to   be   construed 60 

repealed   208 

Additional: 

allowance  shall  not  be  granted  under  any  contract 170 

clerks    for   Board    of   Contract 116 

clerks  for  Chamberlain   83 

clerks   for   Receiver  of  Taxes 94 

laborers  may  be  appointed  by  Street  Commissioner 145 

officers  may  be  appointed  by  Common  Council 42,  78 

Advertisements : 

assessment  and  apportionment   for  public   scrutiny 121 

assessments   for   repairs 137 

assessment  sales  of  houses  and  lots G5,  06,  88,  124 

bids  for  street  cleaning 108 

bids   for   street   improvements,    repairs 112 — 114 

city,  to  be  in  official  newspapers 49  ■ 

city  laws  and  ordinances  for  street  improvements 54 

election  notices 207 

lands  to  be  taken  for  public  improvement 161 

meeting  of  commission  to  appraise  property 162 

sale  of  bonds 67 

sale  of  certificates  of  indebtedness  to  pay  for  emergencies 57 

tax   and  water   rent   sales 89,  101 

time  for  collection  of  taxes 95 


Index  to  Charti-^r.  749 

Advertisements  —  (Continued):  Page. 

to    repair    unsafe    buildings 50,    51 

unpaid   tax   and  water   rents 96 

when   application    for   confirmation   of  appraisment 163 

Affidavits: 

falsely  made  to  claims,   perjury 83,  172,  174 

form  of,   to  claims  and  accounts,  verification 62,  174 

of  publication  of  notice  of  sale  for  unpaid  tax 125 

of   publication   of   notice    to   move  the   passage  of   law   or   ordi- 
nance   59,    60 

of  publication  of  notice  to  pay  tax 97 

setting  forth  reasons  for  vacation  of  assessment 140 

specifying  where  contractor  does  not  comply  with  law 109,  140 

to  Chamberlain  for  withholding  the  payment  of  certain  claims...  174 

Albany  and  Schenectady  Railroad  Co.: 

payment  on  loan,   to  be  credited   to  sinking  fund 87 

receipts  from  loan,  to  be  applied  to  payment  of  public  debt 87 

Aldermen: 

are  personally  liable  for  certain  expenditures 57 

Board  of,  to  be  the  Common  Council 38 

clerk   of,    appointment 39 

clerk  of,  duties  powers,   salary 39 

clerk  of,  to  appoint  assistant 40 

delinquency  in  attendance  or  behavior  a  cause  for  expulsion  of..    40 

determine  rules  of  proceedings 40 

election  of 38,  39,  71,  206 

eligibility  of 38 

failure  to  perform  an  act,  not  a  liability 60 

general  powers  of 42 — 17 

(See  Common  Council.) 

how   board    organizes 39 

judge  of  membership 40 

liability  for  contracting  debts  beyond  appropriations 57 

may  reject  nominations  by   the   Mayor 76 

meetings,  annual 40 

meetings  of,  at  call  of  the  Mayor 40 

meetings,  biennial 39 

meetings  of,  regular 40 

meetings  of,  special 40 

meetings,  after  regular  meeting  falls  on  legal  holiday 40 

misdemeanor,  when  may  be  guilty  of 72 

not  to  accept  bribes  or  gifts 17] 

not  to  be  inspector  of  election 53 

not  to  be  interested  in  contracts 53 

not  to  contract  any  debt  beyond  amount  of  appropriation 57 

not  to  give  pre-election   promises 72 

not  to  hold  any  office  in  gift  of  the  Mayor 53 

not  to  incur  liability  on  part  of  city 5C 

number  of  members  of  board 3g 

official   oath   of 73   207 

President,   election  of '    39 

President,   member  of  Board  of  Audit S3 

President,  member  of  Board  of  Contract  and  Apportionment....  110 

President,  member  of  Board  of  Finance 102 

President,  member  of  trial  board  of  suspended  city  officer 74 


750  IifDEX  TO  Charter. 

Aldermen  —  (Continued):  I'agc 

President,  when  to  act  as  Mayor 71 

President,  when  to  be  elected  Mayor 71 

quorum  of,  how  constituted 3S 

quorum  of,  may  compel  the  presence  of  absent  members 39 

shall  be  citizens  of  the  United  States 38 

shall  be  residents  of  the  city  three  years 38 

shall  be  residents  of  the  ward  they  represent  one  year 38 

shall  designate  official  papers 5] 

shall  direct  sales  for  unpaid  assessments , 88,  125 

shall  enforce  obedience  to  all  laws  and  ordinances 42 

shall  have  power  to  appoint  extra  officers 42 

shall  have  power  to  audit  claims  and  accounts Gi 

shall  have  power  to  continue,  make,  modify  and  repeal  all  laws 

and  ordinances 42 17 

shall  prescribe  for  the  collection  of  penalties  for  violation  of  city 

ordinances 45 

shall  prescribe  for  the  sealing  of  weights  and  measures 46,  170 

shall  protect  the  public  health  and  morals 45 

shall    regulate    the    construction,    repair    and    use    of    sidewalks 

streets    and    sewers 42,  51,  54,  81,  110,  ICl 

shall   regulate  by  license   certain   business   and   employments 46 

shall  regulate  the  construction,  repair  and  use  of  docks,  wharves 

piers  and  slips 40 

pre-election  promises,  misdemeanor 72 

term  of  office  of 38,  39,  206 

to  adopt  annual  tax  budget 59,  105 

to  appoint  a  citizen  the  trustee  of  the  sinking  fund 102 

to  change  election  districts 47 

to  elect  one  alderman  a  member  of  the  Board  of  Finance 102 

to  hold  office  until  successor  qualifies 39 

to    notice    all    laws    and    ordinances    for    passage    at    following 

regular  meeting 56 

to  provide  for  emergencies 57,  137 

to  provide  for  the  expenses  of  the  city  government 59,  105 

to  provide  for  payment  of  assessment  for  street  improvement, 

in   fifteen   years 69 

to  refund  money  when  errors  are  made  in  assessment 55 

vacancies  of  majority  of  board,   how  filled 39 

vacancy  may  be  filled  for  unexpired  term  by  other  aldermen. .  39—71 
vote,    four-fifths    of,    necessary    to    approve    extra   appointments 

recommended  by  Mayor 78 

vote,  four-fifths  of,  to  override  veto  of  item  in  budget 42 

vote,  three-fourths  to  appropriate  money  in  cases  of  emergency,    57 
vote,    three-fourths    of,    to   appropriate   money    for   public    cele- 

I    brations 55 

vote,   two-thirds   to   override  ordinary  veto 41 

vote,   two-thirds  to  pass  or  repeal  a  law  or  ordinance 56 

vote,  two-thirds  to  pass  resolution,  laws  or  ordinances  involving 

expenditure  of  money 55 

when  to  consider  resolutions  by  unanimous  consent 55 

Alms-house: 

accounts  allowed,  require  certificate  of  Board  of  Audit 84 

accounts  to  be  audited  by  Board  of  Audit 83,  155 

amounts  allowed  for  help  and  assistants 155 

assistants  and  help,  how  provided 155 

audit  of  accounts  for 83,  155 


Index  to  Charter.  751 

Alms-house  —  (Continued):  Page. 

Board  of  Audit  to  adjust  claims  of 83,  155 

claims   for  material   and   supplies   for 156 

duties  of  Superintendent 154 

funds  for,  controlled  by  Chamberlain 83,  155 

paupers  to  be  employed  at 155 

physician,    city,    appointment   of 76 

physician,  city  physician  to  be  the  physician  for 154 

physician,  salary  of 154 

physician  shall  appoint  a  resident  physician 154 

physician  shall  attend  to  Alms-house  daily 154 

physician  shall  give  medical  attendance  to  sick 154 

physician  shall  report  on  first  of  each  month  to  the  Mayor 154 

physician  shall  state  as  to  pauperism  and  inmates  of  pest  house 

and  hospital 154 

purchase  of  supplies  for 155 

quarterly  statements  of  Superintendent 156 

report  of  Chamberlain  as  to  audits  for 83,  155 

salary  of  clerk  of 155 

salary  of  Deputy  Superintendent 155 

Superintendent   of,    how   appointed 154 

Superintendent  of,  salary  of 154 

Superintendent  of,  to  be  Overseer  of  the  Poor 156 

Superintendent  of,  to  certify  to  accounts  of 155 

Superintendent     of,     to     make     quarterly     reports     to     Common 

Council 156 

Superintendent  of,  to  provide  for  the  inmates  of 155 

Superintendent  of,  to  repair  and  protect  the  property  of 155 

Altering  street  grades  and  levels,  damages  by 168 

Animals  running  at  large 44 

Annual  budget: 

amount  of,  to  be  levied  by  Board  of  Supervisors 59 

awards  for  damages  to  be  included  in 82 

awards   for  payment  of  certain  contracts 69 

awards  for  taking  private  property  for  public  uses 165 

Board  of  Finance  to  prepare 105 

Common  Council  to  certify  to  amount  of 59 

Mayor  may  veto  or  reduce  items  of 42 

shall  be  approved  by  Common  Council 42,    59 

shall  embrace  all  expenses  of  the  city  government 58,  59, 

105,  106,  165 

shall  include  certificates  of  indebtedness 57 

shall  include  interest  on  city  debt 106 

shall  include  $35,000  for  sinking  fund 106 

vote  necessary  to  pass 42,    55 

vote  necessary  to  pass  over  Mayor's  veto 42 

Annual  meeting: 

Common  Council  to  hold 40,  73 

date  of  holding 40 

Mayor  may  vote  in  case  of  tie 73 

Mayor  to  administer  oath  of  office 73 

Mayor  to  preside 73 

purpose  of  the 40,  73 

to  elect  the  President  of  Common  Council 73 

to   receive  the   Mayor's  annual   message 40,  73 

when  the  day  of,  falls  on  a  legal  holiday,  to  meet  the  following 

Thursday 40 


752  lyDEx  TO  Charter. 

Annual  reports:                                                                                                 Page. 
all  city  officers,  commissions,  boards  and  departments  to  Cham- 
berlain   85 

of  Chamberlain So,  86 

to  contain  accounts  of  assessments  and  apportionments 86 

to  contain  account  of  disposal  of  moneys  received 86 

to  contain  amounts  paid  for  real  estate  purchased  for  non-pay- 
ment of  tax  and  assessment 86 

to  contain  amount  of  re.il  estate  purchased 86 

to  contain  amount  of  disbursements,  all  departments 85 

Appeals: 

in  assessment  decisions  to  be  taken  within  ten  days 144 

fee  in  disputes  of  partition  fences  to  be  paid  to  Chamberlain —  150 
from  decision  of  fence-viewer 151 

Appointments: 

Alms-house  assistants li>5 

Assessors 77 

Assessors'  clerk 175 

Chamberlain "6 

Chamberlain,   clerk  to 83 

Chamberlain,  Deputy 83 

City  En^neer 76 

Assistant  City   Engineer 148 

chainman 148 

assistant  chainman 148 

assistant  and  draughtsman 148 

leveler 148 

rodman 148 

city  laborers 145 

City  Marshal 76 

city  physician 76 

Clerk  of  Board  of  Contract  and  Apportionment 116 

additional  clerks  to  board,  etc 116 

Clerk  of  Common  Council 39 

assistant  clerk 40 

clerks  for  Receiver  of  Taxes 94 

Commissioner  of  Arrears 88 

commissioners  to  appraise  damages 162 

Corporation  Counsel 77 

Assistant  Corporation  Counsel 79 

officer  to  Corporation  Counsel 79 

district  physicians 77 

expert  to  examine  books 75 

Inspector  of  Markets 77 

Inspector  of  Public  Work ^53 

Inspector  of 'MVeights  and  Measures 76 

janitor  of  City  Building 77 

assistant  janitor  City  Building 78 

Mayor's  clerks 77- 

members  of  Board  of  Finance 102 

Overseer  of  Poor 76,  156 

Assistant  Overseer  of  Poor 159 

Receiver  of  Taxes 7fi 

Receiver  of  Taxes'  clerks 92 

Receiver  of  Taxes,  Deputy 92 

resident  physician   at  Alms-house 154 

Street  Commissioner 76 


IsuEX  TO  Charter.  753 

Page. 
Appointments  —  (Continued):  _^ 

Superintendents  of  Alms-house ^^ 

Superintendent  Alms-house,  clerk ^^ 

Superintendent  of  Alms-house,  Deputy ■.■.".■.■.'.".'.'.'.'.'.'.'.'.'.'.'.'.  145 

Superintendent  of  Streets '' j^^ 

trustee  of  sinking  fund 

Apportionment: 

an  abstract  of.  to  be  filed  by  Board  of  Contract  with  Chamber-  ^ 

lain f ..  128 

city  may  begin  suit  to  recover  ^^^"°^°'- •.""_"■ V..51,    52 

for  constructing  and  repairmg  arches  and  bridges _J^    _^ 

for  constructing  docks,  wharves  and  slips .^    ^ 

for  construcUng  drains  and  sewers '51    52.  118.  173 

for  cleaning  streets,  sidewalks  and  sewers ol,  ;>-.  118.  i« 

for  damage  in  changing  grade  of  streets .^    ^ 

for  digging  and  filling  In  wells ,"i«t=  =;i     52 

for   making  drains  and   sewers •- •  _ 

for  removing  obstructions  from  streets  and  sidewalks.,  ol.  J  US.  1^ 
f^r  removing  dirt,  rubbish,  ice  -d  snow  from  streets.,  ol.  =>2.  m   1^ 

for  repairing  or  removing  unsafe  buildmgs.      ^- 

for  sprinkling  and  cleaning  streets  and  courts ^^  ^ 

errors  in,  may  be  corrected ^^ 

hearing  on  vacating  proceedmgs ■'.'.'.'.'.".'.".'.'.'.'.'.'.'.'.'.'.".  "^  120 

how  made 1411^  142 

S;;:r;^^::t-be;;h^^du;ingthestaVofpayii;enV;;f:: !« 

interest  on,  at  twelve  per  cent ^^ 

may  be  divided ^43 

may  be  reapportioned ...!.!...!.  HI 

may  be  reduced L'^'a"^ 122 

notice  of  time  when  hearing  may  be  had  on ^ 

not  to  be  canceled  by  Common  Council •- •■••• 

not  \nvalid    When  iJd  or  contract  not  indorsed  t>y  ^0^™"°"  ^ 

Counsel " 07 

pa^-ment  of.  when  collected,  to  contractors ^ 

redemption  from  sale  for  non-payment  of ©'©"12^  13 

Ihall  S  Terified  by  Street  Commissioner  and  City  Engineer in 

to  be  a  lien  on  property -„ 

when  colle<:tion  stayed  by  court,  no  Interest  on V©.    70 

when   to  be  paid 

Appraisement:  ^^ 

appointment  of  commission  for ^^ 

certificates  of  awards  in -•; --, 

commission  for.  to  be  composed  of  three  citizens J^ 

commission  for,  to  take  official  oath ■  ••  ^^ 

confirmation  of  report  in '.  L'4>'"'  VIV  r-^nrM^^t 164 

copv  of  order  confirming,  to  be  filed  with  Board  of  Contract IM 

Cori>oraiion  Counsel  to  describe  property  to  be  appraised 1« 

costs  in  proceeding  and  payment  thereof ■-  ^^ 

of  property jg4 

order  of  Supreme  court,  confirmmg ^^ 

owners  to  prove  title  to  property  taken^....--^ 

person  named  as  commission,  may  be  challenged ^^ 

48 


754 


Index  to  CharteU. 


Appraisement  —  (Continued):  Page. 

relationship  within  certain  degree,  disqualifies  a  judge  from  act- 
ing in  certain  cases 162 

rules  for  proceedings  in 167 

salary  and  compensation  of  commission  for 1(J3 

Supreme    Court,    Third    District,    to    approve    and    confirm    pro- 
ceedings in 1C3 

Appropriations: 

annual,  of  $35,000  for  sinking  fund 106 

budget   to   contain   items,    for 59,  105 

estimates  for  cleaning  streets 108 

estimates  for  annual,  by  Board  of  Finance 105 

for  judgments  against  city 82 

for  necessary   expenses 58 

for  payment   of  awards 69,  82,  105,  165 

for  payment  of  city  debts  and  Interest 57,  106 

for  public  celebrations 55 

not  to  be  misapplied 55 

of  city  money  to  private  use  a  felony 99 

to   provide   for   annual   expenses 58,105 

two-third  vote  of  Common  Council  to  make 55 

when  exhausted,  how  replenished 57 

when  resolutions  for,  to  be  considered  by  unanimous  consent 55 

Arches: 

and  bridges  and  culverts,  city  to  erect  and  maintain 51,  138 

constructed  on  street  lines,  a  city  charge 138 

constructed  over  streams,  a  city  charge 138 

expenses  of,  audited  by  Board  of  Contract 138 

mode  of  construction  of  spans  of 197 

repairs  to,  made  by  Street  Commissioner 138,  146 

repairs  to,  paid  by  Chamberlain 138 

repairs  paid  for,  on  certificate  of  Street  Commissioner 138 

Areas,  to  be  protected  by  railing 196 

Ashes,   rubbish  and  street  dirt 44,  108,  117 

Board  of  Contract  to  contract  for  removal 108 

Board  of  Finance  to  estimate  cost  of  removal 108 

contractor's  failure  to  remove,  terminates  the  contract 109 

Chief  of  Police  to  regulate  the  removal  of 117 

removal  of,  in  covered  wagons 117 

Street    Commissioner    to    contract    for    removal    for    unexpired 

period   of  contract 109 

Street  Commissioner  to  temporarily  cause  the  removal  of 109 

Arrears : 

amounts  received  in   excess  of  amounts  due   city,   to  be  subject 

to  decree  of  court 91 

Commissioner  of,  appointment  of 88 

compensation  of,  to  be  fixed  by  Mayor 92 

duties  of 88 

expenses,   except  publishing,   to  be  paid  out  of  appropriation 92 

Mayor  to  execute  deeds  and  afiix  city  seal  to  property  bought...  90 

money  retained  credited  to  sinking  fund 92 

publication  in  city  paper,  to  be  paid  by  Chamberlain 92 

purchaser  to  be  entitled  to  possession  of  property  sold  by 90 

schedule  of  property  sold  to  be  filed  with  Chamberlain 92 


Index  to  Charter.  755 

Arrears  —  (Continued):  Page. 

shall  be  an  attorney 88 

to  deliver  deeds  of  property  sold  for 89 

to  describe  property  to  be  sold  for  unpaid  tax  or  assessment 88 

to  keep  account  of  receipts  from  sale  in  excess  of  amount  due 

city 91 

to  prepare  a  schedule  of  sales 88 

to  publish  notices  for  redemption 89 

to  sell  unredeemed  property  to  highest  bidder 89 

when  title  of  sale  is  declared  invalid 91 

Assessments: 

affidavits  necessary  to  set  aside 140 

affidavits  to  be  filed  with  Board  of  Contract,  etc 140,  141 

affidavits  to  state  wherein  work  does  not  comply  with  contract 

for  which  assessment  is  made 140 

by  whom  verified 121 

Chamberlain   to   receive 65,  G6,  83,  121 

city  may  enter  suit  to  collect 128 

confirniation  ol 121 

contractor  and  sureties  to  be  parties  to  suit  for  damages 141 

court  may  order  against  payment  to  contractor 141 

court  may  set  aside  or  reduce 141 

court  to  grant  judgment  for  damages  against  contractor 141 

errors  in,  may  be  corrected 122 

failure  to  indorse  bid  or  contract  not  to  invalidate 122 

failure   to   indorse  bond   of   contractor,   by  Corporation   Counsel, 

not  to  invalidate 122 

failure     to    send    or    receive    notices    of    confirmation,     not     to 

invalidate 122 

for  costs  in  proceedings  to  acquire  lands 164 

for  cleaning  streets 118 

for  damage  by  change  of  grade  of  streets 168 

for  repairs 50,  136.  137 

general  provisions  as  to  vacating 140 

hearing  on 134 

houses  and  lots  to  be  advertised  for  sale  for 124 

how  made 52,  120 

how  paid 65,  122 

how  vacated  when  fraud  exists 142 

in  eminent  domain  proceedings 164 

interest  on 143 

interest  on  unpaid,  at  twelve  per  cent 122 

made,  to  pay  for  certificates  of  indebtedness 143 

may   be   divided 129 

may  be  paid  in  instalments  of  from  five  to  fifteen  years 70 

may  be  reduced 141,  142 

must  be  ratified  by  Board  of  Contract  and  Apportionment 121 

must  be  verified  by  Street  Commissioner  and  City  Engineer 121 

no  interest  chargeable  in  stay  of  payment  of 141 

notice  of  confirmation  of,  to  be  given 122 

notice  of.  to  be  given  by  Chamberlain 122 

not  to  effect  landlord  and  tenant 125 

not  to  be  canceled  by  Common  Council 55 

not  to  be  released  by  Common  Council 55 

owners  who  do  their  own  work,  to  pay  portion  of  costs  for 123 

payment  of.  .  .     65 


756  Index  to  Charter. 

Assessments  —  (Continued) :  Page, 

payment  of,  to  contractors 87 

property,  how  described  for 123 

provisions  for,  relating  to  payment  for  repairs 136 

record  of  sales  for,  to  be  filed  with  County  Clerk 125 

redemption  from  sales  under 126 

report  of  Chamberlain  as  to  payment  and  sales 86 

sales  for  non-payment  of 65,  124 

sales  for,  not  to  affect  mortgage  lien 126 

set  aside,  may  be  reassessed 138 

shall  not  be  vacated  because  of  failure  of  contractor  to  do  the 

work 140 

shall   not  be  enforced  until  work,   for  which   levied,   is  properly 

done 141 

taxpayer  shall  file  affidavit  stating  violations  of  law 140 

taxpayer  shall  send  copy  of  charges  to  contractor  and  bonds- 
men  141 

time  of  payment  of,  not  to  be  extended  by  the  Common  Council,    55 

to  be  a  lien  on  property 65,  121 

to  be  made  by  Board  of  Contract  and  Apportionment 120 

to  be  paid  within  fifteen  years 69 

to  be  paid  to  Chamberlain 65,  66,  83,  121 

validity  of 65 

when  collected  to  be  paid  to  contractor 87 

when  to  be  refunded 55—91 

when  vacated  for  fraud 142 

within  what  time  to  be  paid 69 

Assessment  rolls: 

Board  of  Supervisors  to  correct 95 

Board  of  Supervisors  to  deliver  to  Receiver  of  Taxes  on  Decem- 
ber tenth 95 

Board  of  Supervisors  to  seal  and  annex  warrants  for  the  col- 
lection of   tax 95 

Receiver  of  Taxes,  the  custodian  of 93 

to  be  public  records  in  Assessors'  office 175 

Assessors: 

appointment  of 77 

appointment  of  clerk  of 175 

books  and  stationery  to  be  provided  for 175 

books  and  maps,  public  records 175 

clerk  of,  to  continue  in  office  during  pleasure  of  majority  of 175 

certificate  of  clerk's  appointment  to  be  filed  with  Clerk  Common 

Council 175 

Mayor  to  appoint 77 

may  appoint  a  clerk  in  writing 175 

may  revoke  the  appointment  of  clerk 175 

office  hours 175 

office,  light  and  fuel  to  be  provided 175 

salary  of 175 

salary  of  clerk  of 175 

term  of  office 77 

to  be  residents  and  freeholders 175 

to  correct  errors  in  description  of  property 100 

to  return  corrected  roll  to  Board  of  Supervisors 100 

Assistance,  further  assistance  to  city  officers  allowed 78 


Index  to  (Jbartkr.  757 

Assistant:  Page. 

chainman,  appointment  of 148 

compensation 148 

duties 148 

to  be  employed  nine  months 148 

City  Engineer,  appointment 148 

duties 148 

salary 148 

City  Engineer  and  draughtsman 148 

duties 148 

salary 148 

clerks  of  Board  of  Contract  and  Apportionment IIG 

duties 116 

salary 116 

Clerk  of  Common  Council,  appointment  of 40 

duties 40 

salary 40 

term  of  office 40 

Corporation  Counsel,  appointment 79 

duties 79 

how  paid 79 

may  approve  bonds  and  contracts Ill 

may  approve  laws  and  ordinances  and  deeds 56 

may  attend  meetings  of  Board  of  Contract 110 

may  continue  in  office  during  pleasure  of  Corporation  Counsel,    79 

Janitor  of  City  Building,  appointment 78 

compensation 78 

duties 78 

to  serve  for  six  months 78 

Overseer  of  the  Poor,  appointment 159 

duties 159 

salary 159 

Audit: 

Board  of,  how  constituted 83 

by  Chamberlain,  expenses  of  Board  of  Finance 85 

by  Chamberlain,  expenses  of  City  Engineer 149 

by  Chamberlain,  for  street  cleaning 173 

by  Chamberlain,  for  street  lighting 147 

by   Common    Council 61 

claims  audited,  to  be  reported  by  Chamberlain 84 

for   street   cleaning 173 

for  street  lighting 147 

Mayor  to  approve  of 85 

of  claims  for  damage  and  injuries 60 

of  claims,  for  service  and  supplies 61 

payment  of,  by  Chamberlain 84,    85 

to  audit  Alms-house  accounts 83 

to  be,  a  public  record 63 

Awards: 

as  compensation  for  taking  private  property  for  public  use 167 

for  damages  by  reason  of  change  of  grade  of  street 169 

for  damages  fixed  by  compromise,  by  Corporation  Counsel 81 

made  by  commissioners  in  eminent  domain  proceedings 164,  165 

paid  in  mistake  to  be  recovered  by  suit 167 

to  be  paid  by  Chamberlain 82,  170 

to  be  paid  out  of  assessments 170 

when  to  be  included  in  tax  budget 82,  165 


758  Index  to  Charter. 

B. 

Balances:  Page. 

of  unused   funds   levied   for  a  special   purpose   to  so   to  sinking 

fund 87 

received  from  sales,  over  the  amount  due  city,  subject   to  order 

of  court  91 

to  be  paid  to  Trustees  of  Sinking  Fund  January  1st  in  each  yeai-,  87 

to  be  used  in  the  payment  of  city  debt 87 

Banks: 

designated  to  receive  deposits  of  city  moneys 103 

may  be  changed  after  publication  of  notice 103 

to  give  security  for  city  moneys 103 

to  pay  interest  on  deposits  of  city  moneys 103 

to  receive  all  city  moneys  from  Chamberlain 103 

Bastardy  proceedings  to  be  conducted  by  Overseer  of  I'oor 157 

Bay  or  bow  windows,  how  to  be  constructed 178 

Bell  ringers: 

Mayor  to   appoint 77 

salary   160 

Benzine,    regulation    of   storage    of    179 

Bidder  for  work  may  be  present  at  opening  of  bids 114 

Bids: 

abstracts  of,  to  be  entered  in  books 114 

blank   form   for   to   be   furnished    114 

changing   or  altering   bid   after  presentation   a   misdemeanor 113 

may  be  presented  by  bidder  in  person 114 

new  bid,  may  be  advertised  for 112,  114 

not  to  be  received   from  persons  in  default 170 

not  to  be  received  after  bidding  declared   closed 113 

not  to  be  received  and  considered  if  not  complying  with  rules 113 

not  to  be  received  when  not  indorsed  with  name  and  residence 

of  bidder   113 

record  of,  not  to  be  changed  by  clerk,  etc 114 

to  be  advertised  for  by  Ave  publications lOS— 112 

to  be  entered  in  special   book  of  minutes 114 

to  be  indorsed  with  title  of  work,  name  and  residence  of  bidder,  113 

to  be  opened,   after  bidding  declared  closed   113 

to  be  received  by  Board  of  Contract,  etc 113 

to  be   received   for  street  cleaning 108 

what  to   specify   108—112 

when   reletting   bids,    defaulting  bidder  barred 112 

when    to    be    considered    112,113 

when  to  be  received   109,  113 

Blanks: 

forms  of  bids  to  be  furnished  by  Board  of  Contract 114 

forms  of  verification  to  be  prepared 62 

forms  to  be  printed  and  furnished  gratuitously 62 

to  be  furnished  by  the  Clerk  of  the  Common  Council 02 

Board  of  Aldermen: 

legislative  power  vested  in 38 

shall  form  the  Common  Council   38 

(See  "  Aldermen  "   or  "  Common   Council.") 


Index  to  Charteh.  759 

Page. 

Board  of  Audit: 

Chamberlain  to  report  to  Common  Council  ^"'^^^^  °^;;;   ;;; ;;  ;;;•;    ^ 

how   constituted    g^ 

may  disallow  claims  in  whole  or  part..... ■_ 

may  subpoena  witnesses  and  examine  under  oath ■    ^ 

to   audit  alms-house   accounts    ^^ 

to  certify  to  allowance  of  claims ^^ 

to  file  reasons  for  disallowance  of  claims ^^^ 

Board    of    Contract   and    Apportionment ^^^ 

abstracts  of  bids  to  be  kept  by ••^/VU^V,.^ 146 

acceptance  of  work  on  contract  to  be  filed  with ..■•••■•    ^^ 

additional  clerks  for  '"J'V, 170 

cannot  award   contract  to  one  in  default ^^^ 

changing   bids   a    misdemeanor    ■••  ^^g 

clerk  of,  election  and  salary  ■ ^^^ 

oiprk  of    not  to  make  false  entries  in  books ••• 

clerk   of.    to   be   clerk   of  commission    to    appraise     damage     for  ^^^ 

change  of  street  grade :V,1'\ 132 

clerk  of.  to  register  cert:ficates  of  mdebtedness ^^^ 

duties  of.  in  extraordinary  repairs ■■■■■^1^137 

general  powers  of '■' ijq 

how  constituted •■■ »;!,  '  v,,-  rr.Tii  1''2 

may  correct  errors  in  assessment  by  giving  notice  b>   '"^'l---;-  J^ 

may  divide  assessments • ..,, 

may  extend  time  for  beginning  work  on  contract ■■  ^^- 

may  have  executive  sessions '^''.J'Li 130 

may  issue  certificates  of  indebtedness  to  contractors  .^. 130 

may  pay  for  sixty-six  per  cent  of  work  done  by  contractor 130 

may  permit  owners,  to  do  their  own  work '^^'^^^'''.  114 

may  re-advertise  for  bids ^29 

may  reassess  subdivisions  of  property ^"^ 

may  reassess  when  first  assessment  fails ^^ 

may  receive  bids  for  street  cleanmg ^^ 

may  terminate  contract  for  street  cleamng .■.■.■■■■■■■. "73,  112 

may  vacate  contract '  ^^jq 

meetings  of lQg_  1-12 

meetings  to  receive  bids ^^3 

meetings  when  bids  are  closed .'......''..  110 

members  of II4 

ml^uKs  of  meeU„gofb„ar,rto"bedVsVrlbuVea  to  taxpayer  who  ^^^ 

pays  Chamberlain  ten  dollars |  ^^, 

office  of,  to  be  in  City  Hall ■■■■ ^^^ 

office  of,  to  be  open  from  nine  to  five  daily. -^^ 

record  of  defects  in  city  lighting  to  be  kept  by ■■■■■■ 

review  and  confirmation  of  street  improvement  expenses  b^ 121 

to  advertise  for  proposals  to  contract  for  ^^'""--  —  ---^ 
to  apportion  and  assess  expenses 122   ;29,'l38;  ui  1^,  173 

tr.  as'spss  awards  in  street  proceedings '.'"", 

to    assess    cost    of    removal    of    ice    and    snow,    upon    raUroad  ^^^ 

tc^^'^^'^st'of 'r^moVarof 'stryet'diVt 'or  ■snow;'up;m'  owners  ^^^ 
•  t^L^S^s^J^fremovalorrepalryofunsafebuildings 50 


760  Index  to  (J barter. 

Board  of  Contract  and  Apportionment  —  (Continued):  Page. 

to  assess  cost  of  street  improvements,   etc 52,  109,  120, 

122,  129,  138,  143,  164 

to  assess  for  extraordinary  repairs 137 

to  assess  to  pay  certiflcates  of  Indebtedness 143 

to  confirm  assessments 120 

to  contract  for  removal  of  Ice  and  snow 118 

to  contract  for  removal   of  street   dirt 108,  109,  111—119 

to  contract  for  repairs  of  streets 52,  111,  121 

to   contract    for   sprinkling   streets 52,119 

to  determine  what  emergency  repairs  should  be  locally  assessed,  137 

to  file  assessment  with  Chamberlain 121 

to     file    copy    of    contract    for    street    sprinkling    with     Water 

Commissioner 120 

to  furnish  blanks  for  bids 114 

to  have  general  charge  of  improvements (15,  lip 

to  investigate,  when  work  on  contract  has  been  suspended 73 

to  issue  certificates  of  indebtedness  to  contractors 130 

to   Issue  proposals 111 

to  let  all  contracts  for  work  on  streets,  sewers  and  drains Ill 

to  let  contract  for  lighting  city Ill 

to  let  contract  for  neglected  work 118 

to  publish  time  for  letting  contracts 112 

to  publish  time  for  receiving  bids 112 

to  publish  time  when  assessment  is  confirmed 122 

to  receive  all  bids 112 

to  recommend  repaying  streets  without  petition 55 

to  review  assessments 121 

work  before  acceptance  by,  must  be  certified  to  by  Street  Com- 
missioner   146 

Board  of  Finance: 

banks  designated  to  receive  deposits  of  city  money  by 103 

banks  may  be  changed  after  publication  of  notice  by 103 

banks  shall  give  security  required  by 103 

banks  shall  pay  interest  on  deposits  of  city  money  to 103 

Chamberlain  to  be  a  member  of 102 

Chamberlain  to  report  to  Common  Council  when  bonds  are  can- 
celed by 106,  107 

citizen  to  be  elected  to,  by  Common  Council 102 

Clerk  of  Common  Council  to  be  clerk  of 103 

duties  of,   generally 102—110 

expenses  of,  to  be  paid  by  Chamberlain 85 

full  minutes  of  meeting  of,  to  be  kept 103 

how  constituted 102 

may  have  executive  sessions 103 

Mayor  to  be  a  member  of 102 

minute  book  to  be  kept  by  Chamberlain 103 

minute  book  to  be  open  to  taxpayers 103  - 

one  alderman  to  be  a  member  of 102 

President  of  Common  Council  to  be  a  member  of ]02 

to  approve  compromise  of  claim  made  by  Corporation  Counsel...    81 

to  be  trustee  of  the  sinking  fund 102 

to  estimate  for  cleaning  streets 108 

to  fix  the  time  when  bonds  other  than  park  bonds  fall  due 104 

to  include  annually  $35,000  in  the  budget  for  sinking  funds 106 

to  insert  in  budget  amount  for  street  cleaning 110 


InDEX  TO  Charter.  761 

IX .  Page. 

Board  of  Finance  -  ^Continued) . 

to  issue  bonds  for  other  than  park  purposes ;;;;;;;:::".;:    69 

to  issue  improvement  bonds '     \^,.r^ 

to    negotiate    certificates    of    indebtedness    memergeneyp.o-    ^^ 

ceedings 105 


;°  ""ZZ  ^'thrrCforlh':  m.,„.e„ance  o,  the  pC.ce « 


106 


to   sell   improvement   bonds. ^^^ 

to  report  to  Common  Council ". .  103 

to  vote  by  ayes  and  noes •• ^^^ 

to  witness  burning  of  canceled  bonds ^^^ 

vote  to  be  entered  in  minutes 

Board   of   Health,   power,   duties  and   rules  of.   not   effected   by   the    ^^ 

charter 

Board   of  Public   Instruction,   to   certify   to   the  Finance  Committee  ^^^ 
amount  to  be  raised  in  budget 

Board  of  Supervisors: 

members  to  sign  tax  warrants • • ."■ 

tTS^compensation  of  County  Treasurer  for  collection  of  unpaid  ^^^ 

to  ^ause  legal  description  of  property  to  be  made ■ -^100 

to   deHver  by   December   tenth   assessment   roll   to   Receiver   of    ^_ 

Taxes ■■■  joo 

to  reassess  rejected  taxes 

Boatmen.  Common  Council  may  license  business  of 46 

Boilers:  .„, 

steam    not  to  be  above  cellar  floor  without  permit      ^'^ 

steam',  of  eight  or  more  horse  power,  to  be  inclosed  m  non-com-  ^^ 
bustible  materials 


Bonds: 

Board  of  Finance  to  issue,  for  sewer  expenses b8 

Board  of  Finance  to  issue,  for  street  improvement b/ 

Board  of  Finance  to  prescribe  rate  of  interest  on ^^ 

Board  of  Finance  to  sell,  at  not  less  than  par ^J 

Board  of  Finance  to  sell  bonds ...••• •"■■:„„ j-q 

for  improvement  of  streets,  not  to  exceed  m  Issue  $7o0.000 ^^.    ba 

for  improvement  of  streets,  how  issued • •••*>'. 

for  improvement  of  streets,  payable  as  assessments  are  payable.    70 

for  laying  drains  and  sewer • 

for  security  from  damage  in  opening  street  ^''^^^''''^-■-■-■■-  JJ^ 

interest  on '    _„ 

issue  of  park  bonds  may  be  vetoed  by  Mayor 

.  of  park  bonds  made  notwithstanding  ve 
may  be  purchased  by  trustees  of  sinking  fund.  ^^^^ 

may  be  transferred .■■;■.■■■  V'"^ ku 

of  city,  may  be  purchased  by  trustees  of  sinking  fund W4 

of  Chamberlain,  as  a  city  officer ^ 

of  Chamberlain's  deputy SiHl    172 

of  contractor ."'"^ ,' '    oi'  m 

of  contractor  to  be  approved  by  Corporation  Counsel SI.  m 

of  Corporation  Counsel,  as  a  city  officer ^ 

of  Receiver  of  Taxes,  as  a  city  officer 


issue;    vi    i./i*»*».    ■-'« — — «       -  fjq 

issue  of  park  bonds  made  notwithstanding  veto ^ J» 


762  Index  to  Charter. 

Bonds  —  (Continued) :  Page. 

of  Receiver  of  Taxes'  deputy,  as  a  city  officer 93 

payment  of  principal  of lOt,  105 

required  from  all  city  officers  who  receive  or  disburse  moneys 170 

required  to  open  street  surfaces 172 

to  be  approved  by  Corporation  Counsel SO,  111 

to  be  registered li)7 

when  falling  due 104 

when  one  bond  held  as  an  investment  for  a  fund  falls  ilue 105 

Books: 

Assessors  to  keep  as  public  records 175 

City  Engineer,  book  and  maps 150 

Chamberlain  to  keep 83 

expert  may  be  employed  to  examine 75 

Mayor  may  examine 75 

of  bids  for  contracts,  to  be  kept 114 

of  minutes  of  proceedings  Board  of  Contract 116 

of  minutes  of  proceedings  Board  of  Finance 103 

of  minutes  of  proceedings  Common  Council 40 

of  records  of  defects  in  street  lighting 147 

of  registered  bonds 107 

Overseer  of  Poor  to  keep 157 

penalty  for  making  false  entries  in 94 

Receiver  of  Taxes  to  keep 93 

Boundaries: 

of  city 30 

of  wards 32 

Bow  windows,  how  constructed 178 

Bracing,  isolated  deep  buildings,  how  braced 185 

Bribery: 

acceptance  of  bribes  by  city  officers 171 

attempting  to  bribe  city  officers 171 

defined 171 

penalty    for   acceptance   of   bribe,    two   years    imprisonment   and 

$5,000  fine 171 

penalty  for  attempting,  two  years  and  $5,000  fine 171 

Bridges: 

Board  of  Contract,  to  have  charge  of 110 

construction  on  street  line  a  city  charge 138 

construction  over  streams  a  city  charge 138 

Budget: 

awards    in    compensation    for   taking    private     property,     to     be 

inserted  in 105 

awards  in  compromise  for  damages,  to  be  inserted  in 82 

awards    for   damage   caused    by    change  of   street   grade    to   be 

included  in 165 

Board  of  Finance  to  prepare 105 

certificates     of     indebtedness     issued     for     emergencies     to     be 

included  in 57 

certificates    of   indebtedness    issued   to    pay   awards   in   eminent 

domain,  to  be  included  in 165 

deficiencies    of    assessments    to    pay    interest    on     bonds,     to     be 

inserted  in 69 


Index  io  Charter.  763 

Page. 
Budget  —  (Continued) :  ^^ 

Mayor  may  veto  items  in ■•■  •• 'f.'f^^'"''l' 42 

Mayor's  veto  may  be  over-ridden  by  four-flfths  vote 

to  be  certified  by  resolution  of  Common  Council.. •••    ^ 

to  contain  the  expenses  of  city  government -y-  ^^^ 

to  include  amount  for  street  cleanmg ^^^ 

to  include  $35,000  for  sinking  fund 

Buildings:  ^g^ 

arches,  mode  of  constructing  spans  of.  in ^^^ 

areas  to  be  protected  by  raihngs ^^^ 

bay  or  bow  windows,  how  constructed ^ 

beams  of  wood,  where  to  be  placed  m.... ^^ 

boilers  holding  steam,  to  be  in  cellars  of ■•■••■■••  ^^^ 

bracing  of  deep  buildings ^gg 

hrirk  stables,  how  constructed ••■        ; 

SS  o^the  Fire  Depan,„e„t.  powers  _o/.  '--s  f  ^«re_^.n^ 

182 


brick  stables,  how  constructed 

ief  of  the  Fire  Department,  powers  of.  in  cases  of  hre    n  -04 

powers  of.  to  devolve  upon  assistant  in  absence  of  chief 205 

to  approve  of  all  plans  and  specifications  for    

to  approve  of  foundation  of  other  than  dwellmgs 183 

to  demolish  or  strengthen,  when  unsafe.. - 

to  direct  the  placing  of  metallic  columns  m.^ 

to  direct  the  placing  of  butresses  in  walls  of ^^^ 

to  permit  cutting  through  party  walls  of..^ ■ 

to  permit  steam  boilers  above  the  cellar  floors  of...... ^01 

:  p^r^it  the  construction  of  certain  kinds  of  flues  m 191 

to  prescribe  piles  and  butresses  in  foundations  of    183 

to  prescribe  the  manner  of  erecting  fire  escapes  m 180 

To    prevent    the    halls    and    aisles    of    public    places     from  ^^^ 

t^^^"^  ;.ans  of'^djoin^ng  buimin^whny'excavating  ^^^ 

for \  1  Qs 

chimneys  and  smoke  pipes  of.  how  constructed ' ::;:;::;:;  194 

columns  of.  how  placed ^gg 

conductor  pipes  of,  to  discharge  in  drams ^^ 

construction   of   smoke   houses •••• ^g.^ 

cornice  and  gutters  of.  how  constructed • -  •  -  • 

court  on  application  of  Corporation  Counsel  to  restrain  work  on,  1.9 
excavating  more  than  ten  feet  below  street  grade.  ^^^ 

fire  escapes,    construction   of ^03 

floor  space  not  to  be  incumbered '.'.'.''.'.'.'  195 

floor  of  store-houses,  etc ■■■■  ^g^ 

flues  of,   requirements  as  to 181    183.  184 

foundations,  requirements  as  to ....'.....'  191 

girders,  in • ' 196 

halls  of  tenement  houses  to  be  fire  proof i"'""y\ 

halls,  theaters,  churches  and  public  places  to  have  unobstructed  ^^^ 

aisles 189 

height  of  stories  of •  • •  •  •  • IgO 

how  fire  escapes  in  halls  are  to  be  erected ^^^ 

how  penalty  for  violation  may  be  collected ^^^ 

injunction  may  be  issued  to  restrain  work  on '^^^'''''.m 

iron  drains  within  buildings ^^^ 

r:Lr.or,l'o"sa„-.s;ore.cons.ruotio„o,::;:: 

"^^"MZTZ   c:?n=ei  •a„aF.;e-Co„i„;,s,on- may   be.,„  ^^^ 

action  to  recover  penalties 


182 


764  Index  to  Charter. 

Buildings  —  (Continued) :  Page 

mortar  and  cement,  quality  and  required  strength 185 

on  acquired  land,  sold  to  highest  bidder 167 

on  street  lines,  removed  by  order  of  City  Engineer ir.l 

partition  walls  in  certain  cases 190 

penalty  for  violation  of  building  law 177,  17;),  iso,  205 

permits,   to  cut  door-way  through  party  wall 192 

permits,  to  have  steam  boilers  above  cellar  floor  of 20I 

piers  of  brick,  to  be  iron-capped ]93 

piers  to  be  bonded  in  certain  manner 193 

places  of  amusement,  construction  of 180 

police  to  report  violation  of  fire  law 176 

powers  of  the  Chief  of  Fire  Department 204 

protection  to  adjoining  wall  in  excavating  for 182 

protection    of    lights    in    manufactories,    show    windows,    and    in 

public  places 204 

ratio  of  breaking  weight,  prescribed  in  material  for 185 

registers,   furnaces   and   steam  boilers 199,  20O 

removal  of,  encroaching  on  streets 151 

roofs  of,  regulations  for  constructing 176,  177,  186 

stairways  to  scuttle  frames 195 

strength  of  floor  timbers  required  in 195 

unsafe,  repairs  or  removal  by  Street  Commissioner 50 

unsafe,  demolition  or  repair  of,  by  Chief  of  Fire  Department,  203,  204 

vaults,   under  sidewalks 196 

walls,  erection  of,  prescribed 184,  186 

walls,   how  bonded  and  built 188 

walls  not  to  be  erected  in  freezing  weather 196 

walls  of  adjoining  houses  to  be  protected  in  excavating 182 

walls  of  buildings  thirty  feet  wide,  how  built 189 

walls,  partition,  how  built  in  certain  cases 190 

walls,    thickness   of,    in 186 

walls  to  be  anchored  at  certain  angles 192 

walls  to  extend  above  roof ]89 

wooden,  may  be  repaired  as  to  ordinary  wear  and  tear 176 

wooden,  not  to  be  erected  within  flre  limits 176 

wooden,  not  to  be  removed  to  within  fire  limits 176 

wooden,  not  to  be  repaired  when  two-thirds  destroyed  by  fire 178 

wooden,  not  to  have  outside  wall  renewed  with  wood  except  in 

repairing 176 

wooden,  to  have  roofs  of  metallic  covering 176 

C. 

Cabmen  and  cartmen  may  be  licensed  by  Common  Council 46 

Carriage-way: 

a  deposit  of  ten  dollars  to  be  made  before  breaking 139 

may  be  broken  for  connections  with  mains,  by  permit  of  Street 

Commissioner I39' 

may  be  paved  with  granite  blocks,  when  repaired 139 

of  all   unpaved   or  macadamized   streets,   when   repaired,    a   city 

charge 138 

repairs  of,  at  intersections,  a  city  charge 138 

repairs   of,    where   paved   with    granite,   vitrified   brick,    asphalt, 

a  city  charge 138 

when  once  paved  with  granite,  vitrified  brick  or  asphalt,  not  to 

be  again  paved  at  owner's  expense 54 


Index  to  Charter.  765 

Page. 
Celebrations:  55 

expenditures  for,  by  three-fourths  vote ••    ,g 

Mayor  to  approve  resolution  for ;'" 'I "J  ■■'nd' entered    in    the 

vote   for,    to    be    taken    by    yeas    and   na>^  _        ,. 56 

minutes 

Certificates:  „. 

hv  Board  of  Audit,  to  allowance  of  Alms-house  accounts  •• 

by  Chamberltm.  t^at  there  are  funds  to  pay  ^o^'  -^^--—  ,, 
by'Srk' of  Commo^'counciV.' to  the' passage  of' all  laws,  ordi-  ^ 
o"^i:::^T^e- Ma^oVtobe-med  wiih-lhe-Clerk  of  ^^ 
o;':^:S"oJ-Assysso;^-;ie;is-to-bem^-with    Cleric    of  ^^^ 

of  S;^;:;^:J:;^Assi;tant-Co;po;ati<;n  CounVeito  be  filed  with    ^^ 

Clerk  of  Common  Council •• ••  , 

of  ippolntment   of   officer   in   Corporation   Counsel  s   office   to  be    ^^ 

filed,  etc 

Certificate:  ^g   ^^g- 

of  account ..    84 

"of  CpXTby-  CoVporaUon  ■counsei.'as  •.o-foVm-o.- laws  and  ^ 
„raPpToTaTby  CorporaUo;-Coanse-.;.-.ovaVldl.y  of  bo„..  and  ^^^ 
„raw".l1or  ■.akVne  pdv.te  p^porty  tor  pubi.o  uses 16« 

of  indebtedness  issued  by   Board  of  I  inance  lor ^^ 

emergencies.  .  .  •••••••■••"■"•■■"^■^issionere  in  extraordinary 

of  indebtedness  issued  by  Fire  commibbionei        ^^ 

casualty  by  fire V 'J"' V,"'l.'/i"V.f  ■R'inance  57 

year  following  issue :;:''po,VnVeV' that   city   official   had 

of  indorsement,   by  Corporation  Counsel,   tnai   ciiy ^ 

power  to  make  contract 

Chamberlain:  g3 

:  =L" :,'  r  Br;d\°'r.ic<  a„;,APPo„ion„en;:::;::::;:  no 

a  member  of  the  Board  of  Finance ^^^  ^^^  ^^^    gg 

s  =;=s.wi::i^s;:ir;o  be  filed  w^^^^  ..•••  - 

Sr:^ -Led  f^d^Vo  be  paid^o^^               ^V       ........  - 

certfficates  of  acceptance  of  work  to  be  filed  .v  ith ^^^ 

contracts  to  be  filed  with ...••.•  •  -  " " „  ",  "j^^^' ' ' '   82 

damages  allowed  by  compromise  to  be  paid  by 

Deputy,   appointed  by,   with   Mayor's  approval ...••••••  ^ 

Deputy  may  be  dismissed  by gg 

Deputy  to  give  official  bonds 83 

duties  of '."'l"^"V.^i. 87 

how  to  apply  moneys  raised  by  tax..... ^ 

how  to  indorse  certificates  to  contracts 


766 


Index  to  Charter. 


Chamberlain  —  (Continued):  Page. 

may  appoint  additional   clerical  assistance 83 

may  borrow  from   contingent   fund 139 

may  expend  one  thousand  dollars  for  clerk  hire 83 

may  withhold  payment  of  claims  when  notified   of  fraud 174 

official  bond  of S3 

salary  of 83 

salary  of  deputy 83 

to    advertise    assessed    property    for    sale     for    non-payment     of 

apportionment 88 

to  appoint  the  Commissioner  of  Arrears 88 

to  attend  sales  by  Commissioners  of  Arrears 89 

to  audit  accounts  of  Board  of  Finance 85 

to  audit  accounts  of  City  Engineer 150 

to  audit  accounts  for  street  lighting 147 

to  buy  property  at  assessment  sales  when  there  are   no  other 

purchasers 130 

to  charge  interest  on  assessments  at  twelve  per  cent 122 

to   control   the   Alms-house    funds 83,155 

to  deduct  from  street  cleaning  contractor  when  work  is  not  done 

properly 118 

to  deposit  certificates  of  award,  when  owner  is  unknown 165 

to  deposit  surplus  from  tax  sale  in  sinking  fund 67 

to  disburse  the  Alms-house  moneys 83,  155 

to   disburse   the   moneys  raised   by   tax   for   the  purposes   appro- 
priated     87 

to  file  accounts  when  paid 63,    84 

to  file  accounts  when  disallowed 84 

to    file    affidavits    of   publication     of    notice    of    sale    for    unpaid 

assessrhents 125 

to  file  copy  of  ordinance  which  ordered  the  work,  for  the  unpaid 

assessment  of  which,  sales  were  made 125 

to  file  copy  of  resolution  of  Board  of  Contract  which  confirmed 

the  assessment 125 

to  file  record  of  assessment  sales 125 

to  file  schedule  of  property  sold  by  Commissioner  of  Arrears 92 

to  give  certificates  to  contractors  and  claimants 58 

to  give  notice  of  assessments 122 

to  give  notice  of  non-payment  of  assessment 124 

to  keep  books  of  accounts 85 

to  keep  books  of  registered  bonds 107 

to   keep   separate   accounts   of  moneys   received   from   sales   by 

Commissioner  of   Arrears 91 

to  make  annual  report  to  Common  Council  at  first  meeting  in 

November 85 

to  make  annual  report  of  assessments  and  apportionments 86 

to  make  annual  report  of  disbursements  and  receipts 85,    86 

to   make   annual    report   of   real    estate   purchased    for   non-pay- 
ment of  tax  or  assessment 86 

to  make   annual   report  of  sums   for  which   property   purchased 

for  non-payment  of  assessments  aggregated 86 

to  make    annual    report   of    sums    received    from    sales    for    real 

estate  purchased   by  city 86 

to  make  monthly  reports  to  Common  Council 85 

to  make  reports  w^henever  required  by  Mayor,  Common  Council 

or  Board   Of  Finance 85 

to  pay  accounts  and  claims 84 

to  pay  accounts  of  Board  of  Audit 83 

to  pay  by  check  all  amounts  over  twenty-five  dollars 85 


Index  to  CnARTRn.  767 

Chamberlain  —  (Continued):  Page. 

to  pay  certificates  of  allowance 84 

to  pay  claims  for  lighting  city,  monthly 147 

to  pay  claims  of  Board  of  Finance 85 

to  pay  claims  of  City  Engineer 149 

to   pay   claims  compromised   by   Corporation   Counsel 81,    82 

to  pay  awards 82,  164,  169,  170 

to  pay  city  laborers 145 

to  pay  contractors  when  work  is  accepted  and  assessment  con- 
firmed  87—122 

to  pay  contractors  with  interest  at  six  per  cent 122 

to  pay  costs  for  publications  of  notice  of  tax  sale  by  Commis- 
sioner of  Arrears 92 

to  pay  costs  for  street  proceedings 81 

to  pay  draft  of  Overseer  of  Poor,  when  indorsed  by  the  Mayor..  157 

to  pay  for  teams  for  Street  Commissioner 145 

to  pay  for  removal  of  ice  and  snow  on  order  of  Chief  of  Police..  173 

to  pay  Mayor's  salary  monthly 71 

to  purchase  property  on  sales  for  the  city 129 

to  receipt  for  money  received  from  Commissioner  of  Arrears 89 

to  receive  assessments 66,  83,  121 

to  receive  certified  checlis  from  bidders  for  street  cleaning 109 

to  receive  city  moneys  raised  by  tax 83,    93 

to  receive  fees  for  fence-viewer's  decisions 150 

to  receive  license  fees 46 

to  receive  moneys  from  Corporation  Counsel 81 

to   receive   reports   of  outstanding  indebtedness   from   city   oflfi- 

cers 85,    86 

to   report  amounts   received   by  sale   of  property   purchased   by 

city 86 

to  report  as  to  amounts  received  on  assessments 86 

to  report  audited  claims  to  Common  Council S'j 

to    reserve   moneys    to    pay    contractor    when    amounts    are    less 

than  $250 58 

to  sign   all   checks 85 

Charter: 

election  under,   city  oflicers  to  be  elected 206 

election  under,   when   held 206 

how    to    be    construed    as    to    omission    of    city    officers    to    pass 

ordinances 60 

laws  inconsistent   with,   repealed 20S 

saving  and  repealing  clauses  of 207 

Checks: 

certified,  for  $5,000,  to  accompany  bids  for  cleaning  streets 109 

to  be  countersigned  by  Receiver  of  Taxes 85 

to  be  signed  by  Chamberlain 85 

to  be  used  in  payment  of  amounts  exceeding  twenty-five  dollars,    85 

Chief  of  Fire  Department: 

powers  of,  in  cases  of  fire  in  buildings 204 

powers  of,  to  devolve  upon  assistant  in  absence  of 205 

to  approve  of  all  plans  and  specifications  for  buildings 182 

to     approve   of   all   plans   and   specifications    for   foundations   of 

buildings  other  than  dwellings 183 

to  demolish  or  strengthen  buildings  when  unsafe 203 

to  direct  the  placing  of  metallic  columns  in  buildings 194 

to  direct  the  placing  of  butresses  in  walls  of  buildings 184 


768  Index  to  Charter. 

Chief  of  Fire  Department  —  (Continued):  Page. 

to  permit  cutting  through  party  walls  of  buildings 192 

to  permit  steam  boilers  above  the  cellar  floor  of  buildings 201 

to  permit  the  construction  of  certain  kinds  of  flues  In  buildings,  191 

to  prescribe  piles  and  butresses  in  foundations  of  buildings 183 

to  prescribe  the  manner  of  erecting  Are  escapes  on  buildings 180 

to  prevent  the   halls  and  aisles  of  public   places   from  obstruc- 
tions   181 

to  protect  the  walls  of  adjoining  buildings  while  excavating  for 
buildings Ig2 

Chief  of  Police: 

duties  of,  in  the  cleaning  of  streets 117,  173 

may  arrest  citizens  for  failure  to  pay  for  street  cleaning 118 

may   remove   ice,    snow  and   rubbish 117,173 

to  cause  cleaning  of  streets  at  owner's  expense 118,  173 

to  clean  the  streets  by  street-cleaning  districts 317 

to  notify  owners   to  clean  streets 117 

to  regulate  the  use  of  streets  for  building  purposes 117 

to   report   expense   of   removing   ice,    snow,    dirt   and    rubbish   to 

Chamberlain I73 

to  report  violations  of  fire  law I77 

Chimneys  and  smoke  pipes,  construction  of 198,  199 

Citizen,  to  be  appointed  by  Common  Council,  trustee  of  the  sink- 
ing fund 102 

City  Building: 

appointment  of  janitor  of,  by  Mayor 77 

cleaning  of,  how  provided  for 78 

Janitor  of,  to  appoint  assistant 78 

removal  of  ice  and  snow  from  sidewalks  of 119 

repairs  to,  how  provided  for 78 

City  debt: 

balances  of  unused  funds  to  be  used  to  pay 87 

balances  received  from  sale  of  real  estate  to  be  used  to  pay  the,  86 

interest  and  part  of  principal  of,  to  be  raised  annually 106 

moneys  collected  on  sales  over  and  above  amounts  due  city  to 

be  used  to  pay 91 

moneys   received   from   Albany   and   Schenectady   Railroad   loan 

to  be  used  to  pay 86 

City  documents  and  reports: 

to  constitute  volume  two  of  minutes  of  Common  Council 48 

to  be  printed   and   bound   under   the   direction   of   the   Clerk   of 
Common  Council 48 

City  Engineer: 

appointment  of 76 

duties  of 148 

expenses  of,   for  materials  used,   etc.,   to  be  audited  by  Cham- 
berlain  150 

maps  made  by,  to  be  city  property 150 

may  appoint  Inspectors  of  public  works 153 

may  appoint  substitute,  when  inspector  has  been  suspended 152 

may  change  street  grades 151 

may  employ  extra  help 148_149 

may  flx  per  diem  allowance  of  Inspectors  of  public  work 153 


Index  to  Charter.  769 

City   Engineer  —  (Continued) :  _ 

may  suspend  inspectors  of  public  f^^:^--- ••••■.•••"••:" -"p    "^ 
not   to   be   engaged   in   private   work    from  9   A.    M.    ^^  ^   ^-  ^;  ^^^ 

each  day -y/^^ 

not  to  receive  fees '"'"y^ 149 

office  hours  of.  to  be  from  9  A.  M.  to  6  P.  M ■•  ^^^ 

qualification  and   salary  of ^^^ 

men ' 152 

to  define  duties  of  inspectors  of  public  ^o''^^- •  • " " "  y;;' '  rnmmls" 
to    do    necessary   engineering    for   Park     and     ^  ^^er     Comm^i^s- ^^^ 

sions _  _  25Q 

to   be   fence-viewer ■■ •        ' ^r- 

to  cause  grade  to  be  on  plane  of  intersectmg  streets  .     151 

to  certify  that  work  done  under  contract  is  substantial  iw 

to  certify  to  sixty-six  per  cent  of  work  done  by  contractor 131 

to  certify  to  materials  used,  as  that  required ^^^ 

to  make  maps,    profiles   and  surveys ^^^ 

to  monument  new  streets ^^^ 

to  number  and   index  maps • '."■'„ 148 

to  survey  for  all  street  openings,  paving  and  repainng ii« 

to  survey,  map.  profile  and  measure  for  proceedings  ^^  «^'">"«';t  ^^^ 

domain ■■■■. iri 

to  remove  building  encroaching  on  street  lines 

City  Marshal: 

appointment  of jgQ 

duties  of 160 

salary  of •; • 160 

tn  assist  the  Clerk  of  Common  Council 

todLTribute   minutes  of  Board   of  Contract  to  citizens  paymg    ^^ 

t/^msW^te  ■  minutes '  of'  Common  '  Council'  to  '  citizens   paying    ^^ 

to'dUSte  mWu'tes'of  common  council  to  "the'Mayor.  Alder-    ^^ 

,rZi7l  ^L^Sh^duties  as'may- be'ryquii^d'by'lVIa^r::::::  160 


City  officers: 


77 


bonds  of,  to  be  for  faithful  performance  of  duty.. • |' 

bonds  of    to  be  renewed  when  the  Common  Council  require 170 

bonds  of.  shall  be  prescribed  by  Common  Council J;^^ 

bribery'  of,  or  attempting  to  bribe ^^ 

bribery  of,  penalty  for  accepting 39l_206 

election  of 99 

embezzlement  of  funds  by,  a  felony •■••• 

TrSre"  of    office    for    converting   public    property    to    private  ^^^ 


use 172 

forfeiture  of  office  for  evasion  of  duty 

forfeiture  of  office  for  fraud  upon  city ■ •••••• 

^nty    of    felony    for    permitting    public    funds    to    be    used    for    ^ 

private  investment • ■ "'    lVV.„V.iin 

guilty  of  misdemeanor  for  permitting  the  conversion  of  public  ^^^ 

property  to  private  use ^^ 

nominations  of,  by  Mayor 

49 


770  Index  to  Charter. 

City  officers  —  (Continued):  Pape 

not   to  award   contracts  to  defaulters  or  one   in  arrears  to  cor- 
poration   yin 

not  to  be  held  liable  for  failure  to  pass  ordinances 60 

not  to  be  interested  in  contracts 53 

not  to  receive  additional  allowances "  170 

not  to  receive  perquisites 17q 

official  oath  of 207 

penalty  for  accepting  gifts  or  bribes 171 

resignation  of 33 

term  of  office  of  Alderman  and  Supervisor 20G 

to  hold  office  until  successors  have  qualified 39 

to   take   and    subscribe   before    Mayor,    or    judge     of     Court     of 
Record,   the  official  oath 207 

City  papers,  ofllclal: 

each  Alderman  may  vote  for  one 49 

elected  for  two  years 49 

how  designated 43 

one  shall  be  an  evening  paper 49 

shall  continue  as  official  papers  until  others  are  designated 50 

to  publish  all  official  notices  and  advertisements 49 

unlawful  for  officials   to  pay   for  advertising  in   any  other  than 

official 4g 

City  physician: 

appointment  of 75 

duties  of 254 

salary  of '  j-^ 

to  appoint  a  resident  physician  at  Alms-house '.  154 

to  direct  the  attendance  of  the  sick  at  Alms-house 154 

to  report  extent  of  pauperism  at  Alms-house  to  Mayor 154 

to  report  on  the  first  day  of  every  month  to  Mayor 154 

to    report    the    number    of    persons    admitted    to    pest    house    or 

hospital 254 

to  treat  all  pauper  sick I54 

to  visit  the  Alms-house,  hospital  and  pest  house  daily 154 

Civil  Service,  Inspector  of  Public  Improvements  to  be  taken  from 
"«t  of 253 

Claims: 

against   city   for   service   and   supplies   to   be   presented    to   the 

Clerk  of  Common  Council gl 

against  city  for  service  or  supplies  to  be  presented  in  the  form 

of  accounts gl     §4 

all    accounts    shall    be   paid    by    Chamberlain    and     filed     in     his 

office  63^    84 

all  accounts  shall  be  a  public  record g3,    84 

all  accounts  shall  be  approved  by  the  Mayor '    85 

all  accounts  shall  be   certified   to   by  Clerk  of  Common   Council 

as  having  been  duly  audited 85 

all  accounts   shall    be   certified    to   by    the   official   authorized    to 

order    the   work   or   material 61 

all  accounts  shall  be  presented  in  the  name  of  the  real  party 

at  interest g2   §4   173 

all  accounts   exceeding  twenty-five  dollars  shall  be  printed'  by 

order  of  the  Clerk 61 

all  accounts  shall  be  verified  by  the  real  party  at  interest 173 


Index  to  Charter.  771 

Claims  —  (Continued):  Page. 

all  accounts  shall  state  when,  where  and  under  what  authority 
the  materials  were  furnished  or  service  rendered 61 

all  printed  accounts  shall  be  distributed  to  Mayor  and  city  offi- 
cers     61 

certificate  of  officer  ordering  work  shall  be  attached  to 61 

Chamberlain  may  withhold  payment  of,  upon  information  of 
fraud  or  Illegality  of 174 

Chamberlain  shall  pay  all  audited 63,  84,  173 

Clerk  of  Common  Council  to  certify  to  audit  of 85 

disallowed  accounts  shall  be  filed  together  with  reasons  for  dis- 
allowance,  with   Chamberlain 84 

disallowed  accounts  shall  be  indorsed  with  name,  date,  amount, 
filed  and  be  a  public   record 63 

exceedng  in  amount,  twenty-five  dollars  shall  be  paid  by  check,    85 

false  swearing  to,  shall  be  perjury 83 

for  customary  disbursements  of  the  Board  of  Finance,  audited 
by  Chamberlain 85 

for  necessary  expenses  of  City  Engineer  in  performing  his 
duties,   audited  by  Chamberlain 149 

for  service  or  supplies  at  Alms-house,  audited  by  Board  of 
Audit 83 

for  service  or  supplies  at  Alms-house,  accounts,  before  audit, 
shall   be  certified   by   Superintendent 156 

Mayor  to  approve  all  accounts 85 

no  city  officer,  nor  partners,  agent  or  servant  shall  be  interested 
In 62 

not  to  be  audited  until  five  days  after  being  printed  and  dis- 
tributed to  city  officers 61 

not  to  be  paid  by  Chamberlain  unless  verified  to  in  accordance 
with  law 63,  173 

not  to  be  paid  by  Chamberlain  until  three  days  after  meeting 
of  Common  Council  at  which  claim  was  allowed 63 

presenting  fictitious  accounts,  in  whole  or  part,  a  misdemeanor,    61 

printed  accounts  shall  be  distributed  to  Mayor,  Chamberlain, 
Corporation  Counsel  and  Aldermen 61 

printed  accounts  shall  be  distributed  within  eight  days  after 
presentation 61 

printed  accounts  shall  not  be  audited  and  allowed  until  five 
days  after  distribution 61 

verification  of,  shall  be  in  the  name  of  the  real  party  at 
interest 62,  173 

verification  of,  shall  be  on  forms  furnished  by  the  Clerk  of 
Common  Council ". 62 

verification  of,  shall  be  prepared  by  the  Clerk  and  approved  as 
to   form   of,    by  Corporation   Counsel 62 

willful  neglect  to  have  accounts  printed  and  distributed  a  mis- 
demeanor     61 

Claims  of  judicial   character: 

against  the  city  for  damage  to  property,  to  be  presented  to  Com- 
mon Council  within   three  months 60 

against  the  city  for  damage  to  person  or  property  to  state  in 
writing  the  time,  place,  cause  and  extent  of  injury 60 

agreement  to  settle  by  Corporation  Counsel  to  be  submitted  to 
the  Mayor 81 

amount  for  which  settled,  if  not  paid  by  Chamberlain,  shall  be 
included  In  tax  budget 82 


772  Index  to  G barter. 

Claims  of  judicial  character  —  (Continued):  Page. 

amount  for  which  settled,  may  be  paid  by  Chamberlain  out  of 

any   unappropriated   funds 82 

amount  for  which  settled,   with  interest  at  six  per  cent,  to  be 

paid   by  Chamberlain 82 

amount  of  judgment  may  be  paid  by  Chamberlain  if  there  are 

funds  sufficient  to  pay,  and  if  applicable 82 

amount  of  judgment,    with   interest   remaining  unpaid,   shall   be 

reported  by  Corporation  Counsel  to  Common  Council 82 

amount  of  judgment  shall  be  paid  in  the  order  of  their  recovery 

of  judgments 82 

amount  of  judgment  shall  be   paid   out  of  first  moneys  paid   to 

city  treasury  by  tax 82 

Chamberlain    may    pay,    if    funds    not    otherwise    appropriated 

remain  in  his  hands 82 

Corporation  Counsel  may  compromise,  when  the  interests  of  city 

are  best  subserved 81 

Corporation  Counsel   to   report   to   Common   Council   the  amount 

of  judgment  remaining  unpaid 82 

costs  of  action   shall   be   deducted   when   claimant   recovers  only 

the  amount  allowed  by  Common   Council 64 

costs  of  action  shall  be  upon  claimant  when  the  amount  recov- 
ered is  not  greater  than  amount  allowed  in  settlement 64 

damage  allowed  by  compromise  may  be  included  in  tax  levy 82 

damages    allowed    by    compromise    may    be    paid    out    of    funds 

applicable 82 

damages  secured  in  action  against  city  may  be  included  in  next 

tax  levy 82 

damage  secured  in  action  against  city  may  be  paid  by  Cham- 
berlain out  of  any  fund  applicable 82 

for  damages   for  injuries  to  person,   through   defects   in   streets 

and  walk,  to  be  presented  in  writing 60 

for  damages  for  injuries  to  property  thi'ough  negligence  of  city 

to  be  presented  within  three  months 60 

if  allowance  in  compromise  be  approved  by  Board  of  Finance, 

it  shall  be  reported  to  Common  Council 85 

interest  at  six  per  cent  shall  be  allowed  on  judgments  or  com- 
promise     82 

judgments  shall  be  reported  by  Corporation  Counsel  to  Common 

Council 82 

no    action    for    recovery   of,    shall    be    brought    against    the    city 

until  Common  Council  shall  have  refused  to  pay 64 

no    action    for    recovery    of,    shall    be   brought    until    forty    days 

after   presentation    to    Common    Council 63 

no  execution  shall  issue  against  city  unless  amount  of  judgment 

shall  have  been  included  in  tax  levy 82 

omission    to   present    to    Common    Council    within    three   months 

bars  action  against  city  for 60 

the    city    shall    not    be    liable    when    claims    are    not    contracted 

according  to   law 64 

the  Mayor  may  recommend  settlement  of 81 

to  be  considered  by  the  Law  Department  within   three  months 

from  date  of  reference 61 

to  be  presented  within  three  months  after  injury  is  received 60 

to  be  reported  by  Law  Department  within   three  months   after 

reference 61 

to  be  verified  by  oath  of  claimant 60 

to  set  forth  the  time,  place,  cause  and  extent  of  injury  received,    60 


Index  to  Charter.  773 

Claims  of  judicial  character  -  (Continued) :  P^^^- 

when    claimant    recovers    in    action    no    more    J^^"    «?J.  ^'""""^    ^ 

allowed  by  Common  Council  he  shall  pay  costs  of  trial  .....^  64 
when    compromised,    and    submitted    to   Common   Council,    claim 

shall  be  a  valid  obligation  against  city 

Cleaning  of  streets:  ^^^ 

Board  of  Contract  to  have  charge  of 108-119 

Board  of  Contract  to  make  contract  for •••■• 

Board  of  Finance  to  include  in  budget  amounts  to  PaV  for^^--^^  108 
Chamberlain    to    pay    for.    when    cleaning   ^^  J^^^^^  ^^J:"^;.''.  °'  173 

CWefof  Police 'to' arrest' ■cmzens' for  failure  to  pay  for 118 

Chef  of  Police  to  regulate  the i,""  "i"/ "' v" '"  171 

Chief  of  Police  to  remove  ice  and  snow  from  railroad  tracks...  173 

city   to  be  divided  into  districts  for •••• •• 

contractors  to  send  certified  check  for  $5,000  -'^h  P-P-aL--^^-^-  109 
failure  of  contractor  to  perform  work  properly  t^^"""^^^"  ';°"    ^^9 

tract  for ','"1       \ 17? 

railroad  companies  to  clean  between  the  tracks ^'^ 

Street  CommLioner  to  let  contract  for  unexpired  period  of  con-  ^^ 

tract  for 

Clerks  and  city  officers,  not  to  be  interested  in  contracts 53 

Clerk  of  Board  of  Contract: 

116 

appointment  of _  jjg 

duties  of 116 

salary  of ; 145 

to  act  as  clerk  to  Street  Commissioner ^^ 

to  keep  books  of  record  of  bids ':'^"V"'l iik 

o  keep  minutes  of  proceedings  of  Board  of  Contract. ..   11^ 

to  print  and  distribute  proceedings  of  Board  of  Contract.  ....  116 

to  receive  affidavits   from  taxpayers  stating  wherein  contractor  ^^^ 
fails  to  comply  with  law 

Clerk   of  Common    Council: 

election  of 39 

salary  of 39 

term  of  office •■ ,, 

to  announce  and  publish  vetoes  by  the  Mayor ^^ 

to  appoint  an  assistant  clerk ^^ 

to  be  city  clerk ; -jq3 

to  be  clerk  of  Board  of  Finance •■•■■■.■■; 74 

to  be  clerk  of  commission  to  try  suspended  officials ^^ 

to  be  clerk  of  committees ^9 

to  be  custodian  of  city  documents ■- ''a'^'^'^^uV 

to   certify    to    the   passage   of   all   laws.    ^^^'''^''^^^  ^^^^   '^'^''X  60 
to'drrict  thebinding'and'indexlng'oVjournarof  Common  Coun-    ^^ 

to""  distribute'  blank  "forms  ' of  accounts  and  verifications ^^.  62 


to  distribute  the  minutes  to  Mayor  and  city  officers. 

to  distribute  the  printed  claims  and  accounts  to  cit>  ............ 

Jo  file  resolutions,   ordinances  and  laws  within  five  "lays  after 

nn<5saffe     with    Mayor " 

to  have  claims  exceeding  in  amount  twenty-five  dollars,  pnnted 

before  audit 


774  Index  to  Charter. 

Clerk  of  Common  Council  —  (Continued):  I^age. 

to  keep  books  of  record  of  passage  and  approval  of  laws,  ordi- 
nances and  resolutions -ll 

to  keep  minutes  of  meetings  of  Board  of  Finance 103 

to  keep  minutes  of  meetings  of  Common  Council 48 

to  publish  election  notices 207 

to    publish    notices    of    passage    of    laws    for    street    and    s-jwer 

Improvements 53 

to  report  the  cancellation  of  city  bonds  by  Board  of  Finance, 
to  Common  Council KKi 

Cloud  upon  title  may  be  removed 142 

Collection: 

from  city,   on  awards  for  damages,   etc 81,  164,  165,  168 

from  city,  on  judgments G:i,    Sil 

of  assessments   for  improvements 65.  67,    69 

of  costs  and  expenses  of  assessment  sales 125 

of  proportionate  expense  for  street  cleaning :]8,  573 

of  taxes 93,    95 

of  unpaid  assessments  and  taxes 88—92 

of  unpaid  taxes  by  County  Treasurer 100 

Commissioner  of  Arrears: 

appointment  of 88 

duties  of 88—92 

expenses    and    compensation 92 

must  be  an  attorney 88 

to  deliver  deeds  of  property  sold  by  him 89 

to  describe  property  to  be  sold  for  unpaid  tax  or  assessment 88 

to  file  schedule  of  property  sold,  with  Chamberlain 92 

to   keep   account   of   moneys   received    in   excess   of  amount   due 

city  from  sales 91 

to  make  a  schedule  of  property  for  sale  for  unpaid  tax 88 

to  pay  receipts  from  sale  to  Chamberlain 91 

to  publish  notices  for  redemption  and  sale 89 

to  sell  unredeemed  property  to  highest  bidder 89 

(See  Arrears.) 
Commissioner    of    Deeds: 

appointed  by  Common  Council 49 

city  official  may  be  appointed  and  act  as 53 

term   of   office 49 

to  be  nominated  by  Mayor  and  Corporation  Counsel 49 

to  be  no  more  than  three  hundred  in  city 49 

Commissioners  of  Highways,   Common  Council   to   be 42 

Commissioners  to  appraise  land  and  award  damages 161 

appointed   by   Supreme  Court  judge 162 

Chamberlain  to  pay  costs  and  disbursements  of 164 

compensation  not  to  exceed  one  thousand  dollars 163 

compensation  to  be  ten  dollars  for  each  day's  service 163. 

Corporation  Counsel  to  apply  for  appointment  of 161 

judge  of  Supreme  Court  to  hear  challenges  of  persons  named  for,  162 

may  administer  oaths  and  issue  subpoenas 162 

must  subscribe  to  the  constitutional  oath 162 

to  award  damag-es 162 

to  give  ten  days'   notice  of  meetings 162 

to  make  report  to  Supreme  Court 162 

Committees  of  Common  Council,   to  report  on  business  referred  at 
next  regular  meeting 40 


Index  to  Charter.  775 

Common  Council:  Page. 

Board  of  Aldermen  to  be  the 38 

clerk   of,    appointment 39 

clerk  of,  duties,  powers,  salary 39 

clerk  of,  to  appoint  assistant 40 

delinquency  in  attendance  or  behavior  a  cause  for  expulsion  of..    40 

determine  rules  of  proceedings 40 

election  of 38,  39,  71,  206 

eligibility  of 38 

failure  to  perform  an  act,  not  a  liability 60 

general  powers  of 42 — 47 

how  board  organizes 39 

journals    of   proceedings   of 40,    47 

judge  of  membership 40 

liability  for  contracting  debts  beyond  appropriations 57 

may  appoint  additional  officers 42 

may  authorize  sale  of  buildings  on  lands  acquired  for  public  use,  167 
may  direct  City  Engineer  to  map,  survey  or  measure  for  public 

work 148 

may  direct  sale  for  unpaid  assessments 125 

may  elect  members  in  case  of  vacancy 39 

may  expel  members 40 

may  impeach  the  Mayor 64 

may  make  extra  appropriations  for  emergency 57 

may   ordain    to  protect   school   lots 52 

may  pass  ordinances  as  to  city  government 44 — 47 

may  punish  members  for  disorderly  conduct 40 

may  reject  nominations  of  the  Mayor 76 

may  take  private  property  for  public  use 161 

meetings,  after  regular  meeting  falls  on  legal  holiday 40 

meetings,   annual 40 

meetings  of,  at  call  of  the  Mayor 40 

meetings,  biennial 39 

meetings  of,  regular 40 

meetings  of,  special 40 

misdemeanor,  when  may  be  guilty  of 72 

not  to  accept  bribes  or  gifts 171 

not  to  audit  accounts  beyond  amount  of  appropriation 57 

not  to  be  inspector  of  election 53 

not  to  be  interested  in   contracts 53 

not  to  cancel  assessments 55 

not  to  give  pre-election  promises 72 

not  to  incur  liability  on  part  of  city 56 

not  to  hold  any  office  in  gift  of  the  Mayor 53 

number  of  members  of  board 38 

official  oath  of  office 73,  207 

official  term  of  office 38,  42.  207 

pre-election    promises,    misdemeanor 72 

President  of,  election 39 

President  of,  may  act  as  Mayor 71 

President  of,  may  qualify  as  Mayor 71 

President  of,  member  of  Board  of  Audit 83 

President  of.  member  of  Board  of  Contract  and  Apportionment..  110 

President  of,  member  of  Board  of  Finance 102 

President  of,  member  of  trial  board  of  suspended  city  officer 74 

qualification   for  office 33 

quorum  of,  how  constituted 39 

quorum,  may  compel  the  presence  of  absent  members  of 39 


77f)  Tndkx  to  Charter. 

( 'oMiiiiiiii    <'iiiihcll  —  ((.'ontlriij(;d> :  Page. 

ii|iiiii   oi    AlriiH-hoiJBo  Superintendent,  made  to,  quartorly 156 

ic|)Ofi  or  caiiciMliiK  i:lty  bonds  to  be  made  to 104 

i'i'|ii»i-t  of  ('hninboilaln    as   to   assessments 86 

I'dHlKiiiillon  (>r  iriomliors  of 39 

icHoliiddiiH,  wlii-ii  to  lie  considered  ])y  unanimous  consent 55 

i-i'HtrlcllriiiH  as  to  powers  of 53 

riiloM  ol",  how  made 40 

HolllniiKMil   of  (Ualms  to  bo  reported  to 81,    82 

Mliiill  lie  cltlzdiiH  of  the  United  States  to  be  eligible  to 38 

Mliiill  be  ri'Hidinits  of  tho  city  three  years  to  be  eligible  to 38 

slijill    )io   rosldonts  of   the   ward   they   represent  one  year   to   be 

I'lbvlblo  lo 38 

nhiill  (lli-('c(   sales   for  unpaid  assessments 88,  125 

shall    .IcHlKimtc    olll.'lal    papers 49 

MJiiill  havo  power  to  appoint  extra  officers 42 

slmll   hii\r   power-  lo  audit   I'lalms  and  accounts 61 

rihiill   h.'ixe  power  lo  eontlnuo,  make,  modify  and  repeal  all  laws 

aoil   oidluanees 42 — 45 

Mhiill   eMf(U'et>  obiMiiei\co  to  nil   laws  and  ordinances 42 

Mliall  preseillie  for  the  collection  of  penalties  for  violation  of  city 

(iidliiiiiiees 46 

shall   ptoteet    the  public  health   and  morals 45 

st\;iU  piovlilo  for  the  soallug  of  weights  and  measures 46 

shall    rcKUhito    tho    construction,    repair   and    use    of    sidewalks, 

stroots  and  sewers 43,  51,  54,  68,  81,  110,  161 

shall  roK»l»te  by  license  certain  business  and  employments 46 

sl\all     roRulato     the     construction,     repair    and     use     of     docks, 

\vh!irv<>s.  piers  and  slips 46 

striH'ts   and   sewers,    to   authorize    imvMMvement   of 43,51, 

54,  81.  110,  161 

teru\   of   olhee  of 3S.  39,  206 

tv>  adopt    .annual    tax    budget 59,105 

to  appoti\t  a  ettisen  tho  trustee  of  the  sinking  fund 102 

tv>   chaiVKO  election   districts 47 

to  kIvo  notice  at  tl»e  previous  meeting  of  the  passage  of  a  law 

or  oi\Un«noo 56 

to  hold  ortlvv  until  successor  Qualifies 39 

to  piwldo  for  onioi'svncies 57.  137 

to  piwldo  for  tho  oxponsos  of  the  city  government 59,  1(6 

to  p»\>vldo  for  vv>yn\ont  of  assessment  for  street  improvement. 

In  t\ft<vn  yo*»rs 68 

to  tvfund  numoys  jvaid  when  there  is  an  error  in  assessment w 

vaosnoios  of  nuvjority  of  boarvi.  how  filled 39 

x-ac-^nv-y  may  Ih»  fiUo\i  for  unexpired  term  by  other  aldermen..  39—71 
v\>tes   fv>vir-t»fths  of.   necessary  to  approve  extra  appointments 

rovvrnwondovl  by  Maj>>r 7S 

v\Mx\  fviur-fifths  to  o\-ernde  veto  of  item  in  budget ■G 

\-\>tv\  thTV<^fV>urths  tv^  av*Pt»priate  money  in  oases  of  emergency,    ti 

>A>t*s.  t' ■' — T'-.Sk  foir  apprx>priations  for  public  celebrations..    S5 

v\>t«i>  t\^  -  ,.>  override  onatDsurr  T«Do *1 

\A>t*,  :\\-   ^  :.>  v«ss  or  reixeal  a  law  or  ordinance S 

vv^te.  tw\>-:^;r\is  :<>  {.nsss  resolution,  lairs  or  ordinances  involving 

<PX^'^«\iU\trv>  vMf  n\oi5«ey » 

w«ii*«  ty>  v-xMvstler  exppeaditttres  by  nnanimous  consent S 

CV«u^trvN|»er.  all  URivaivi  n»x  tic»  be  re?«<wted  to.  Ml 


Index  to  Charter.  777 

Confirmation:  Page. 

of  assessments  by  Board  of  Contract 120,  121 

of  awards   by  Supreme  Court,   for  damage   by  change  of  street 

grade 169 

of  awards    by    Supreme   Court    for   damage     in     taking    private 

property 163 

of  Mayor's  appointments 76 

Construction  of  streets 43,  51,  54,  81,  110  161 

Construction  of  sewers  and  drains 54,  68,  110 

Contingent    fund.    Chamberlain    to    borrow    from    to   pay   for   street 

repairs 139 

Continuance  in  office  of  city  officials 39,    42 

Contracts: 

advertisement  for  proposals  for 112 

Aldermen  not  to  be  interested  in 53 

bonds  to  be  given  for  faithful  performance  of Ill 

cannot  be  granted   to  one  in  default 170 

claims  for  lighting  city  under,  to  be  paid  monthly 147 

Corporation  Counsel  to  indorse  all 80 

effect  of  failure  to  indorse  or  certify 122 

estimates  under  to  be  made  by  City  Engineer 115 

failure  of,  no  defense  to  assessment 140 

for  less  than  two  hundred  dollars  not  to  be  advertised 113 

for  lighting  city 147 

for  more  than  two  hundred  and  fifty  dollars,  requirements 58 

for  removal  of  street  dirt 108,  109,  119 

for  street  sprinkling,  how  made 119 

for  what  period  made Ill 

hearing  allowed  to  contractor  on 73 

indorsement,  by  Chamberlain,  that  there  are  funds  to  pay  on 58 

interest  on,  to  be  paid  by  Chamberlain 87,  88 

may  be  suspended  by  Mayor 73 

may  be  vacated  for  fraud  and  poor  work 73,  109,  141 

no  additional  allowance  on 170 

notice  of  work  for  less  than  |200  to  be  posted  in  a  conspicuous 

place 113 

payment  for  work  on 87 

publication  of  notice  to  let  to  be  inserted  five  times  in  city  paper,  112 

time  for  signing 112 

to  be  approved  by  Corporation  Counsel Ill 

to  be  indorsed  by  Corporation  Counsel 80 

to  be  filed  with  Chamberlain 146 

to  be  let  at  a  regular  meeting 112 

to  be  let  by  Board  of  Contract Ill 

to  be  let  to  lowest  responsible  bidder Ill 

to  be  signed  by  Mayor 71 

when  to  pay 87,  147 

Contractors: 

affidavits  setting  forth  complaints  against 109,  121,  140 

bond  of,  to  be  approved  by  Corporation  Counsel 80,  111 

bond  of,   to  be  presented  with  bid Ill 

City  Engineer  to  prepare  plans  for 115 

city  to  sue  bondsmen  of,   for  damages 112 

entitled  to  interest  at  six  per  cent 122 

for  street  cleaning,  shall  send  certified  check  with  bid 109 

for  street  cleaning  when  in  default 109 


778  Index  to  Charter. 

Contractors  —  (Continued):  Page. 

for  street  cleaning,  when  to  have  moneys  deducted 109 

how  paid 87,  122 

in  default,  cannot  receive  another  contract 170 

judgment   against 112,  141 

may  have  time  extended  for  beginning  work 112 

must   sign   contract   within   ten   days 112 

neglect  to  properly  perform  work 109,  141 

next   lowest  bidder  to   receive   contract 112 

no  additional  allowance  to  be  granted  to 170 

notice  to  be  sent  to,  in  assessment  proceedings 141 

payments,  when  sixty-six  per  cent  of  work  is  actually  done 131 

payment  to,  may  be  stayed  for  neglect  of  work 141 

sureties  of,  to  qualify  in  double  amount  of  bid Ill 

to  be  barred  from  rebidding  in   certain  cases 112 

to  be  notified  to  begin  work,  by  Corporation  Counsel 112 

to  be  proceeded  against  for  failure  to  begin  work 112 

to  keep  work  In  repair  for  five  years 1S9 

to  receive  certificates  of  indebtedness  on  sixty-six  per  cent  of 

work  done 130 

Conversion : 

of  city  property 99—172 

of  public   funds 99 

penalty  for 99 

to  be  adjudged  embezzlement 99 

Cornice  and  gutters,  how  constructed  on  buildings 197 

Corporate,   title 29 

Corporations: 

manufacturing,  doing  business,  shall  be  assessed  as  individuals 

are 174 

personal  estate  to  be  assessed  where  principal  ofl^ce  is  located..  174 
stockholders  of,  shall  not  be  taxed  as  individual  owners 174 

Corporation    Counsel: 

appointment  of,  by  Mayor 77 

bond  of,  as  a  city  official 80 

certificates  to  bond  and  contracts  to  be  indorsed  by 56,  80,  111 

contracts,  to  be  approved,  as  to  form  and  validity  by 56—111 

conveyances  and  articles  of  agreement  to  be  drawn  by 56,    81 

deeds,  leases  and  contracts  to  be  drawn  by 81 

disbursements  of,  need  not  be  paid  as  are  other  claims 63 

duties  of 79—82 

laws  and  proposed  ordinances  to  be  revised  by 56 

may  appoint  an  assistant 79 

may  appoint  an  officer  and  prescribe  his  duties 79 

may  attend  meetings  of  Board  of  Contract 110 

my   employ   counsel   to   assist  in   important  cases,    with   consent 

of  the  Mayor 82 

may  receive  costs  and  allowance  in  certain  cases 81 

may     request     Supreme     Court     to     appoint     commissioners     to 

appraise  property  to  be  taken  for  city  purposes 161,  168 

may  settle  claims  against  city  by  compromise 81 

must  defend  all  suits  and  actions  for  city 80 

not    to    defend    city    officials    when    their   acts    are    done    in    the 

interest  of  county 80 

official    action    in    compromise    to    be    reported     to     Mayor     and 

approved  by  Board  of  Finance 81 


Index  to  Charter.  779 

Corporation   Counsel  —  (Continued):  Page. 

official   action   in  eminent   domain  proceeding 81,  161,  163,  164 

payment  to  Chamberlain  of  moneys  collected  for  city  m  suits. 

fines  and  penalties,  by 

s3,l3,rv  of.   •  •    *••••• 

street  Commissioner  to  report  delinquency  of  contractor  to U2 

to  act  as  legal  adviser  to  all  city  officials  and  departments 80 

to  appoint  an  Assistant  Corporation  Counsel  and  an  officer  for    ^^ 

his  department 

to  approve  the  form  of  bonds,  contracts,  laws  and  ordmances.... 

56,  80,  111 

to  approve  the  form  of  verification  to  accounts 62 

to  be  a  member  of  the  Law  Department  of  the  city 61 

to  certify  to  the  authority  of  certain  officials  to  make  contracts 

for  city " 

to  conduct  proceedings  in  street  openmgs '»    oi 

to  conduct  proceedings  to  acquire  land  for  city  purposes 81,  161 

to  defend  sales  made  by  Commissioner  of  Arrears 91 

to  draw,  at  request  of  Mayor,  any  document  or  contract 81 

to  file  inventory  of  books  and  property,  with  Mayor,  annually....    SI 

to  institute  proceedings  for  violating  fire  law 179 

to  prepare  forms  of  bonds  for  contracts  and  sureties HI 

to   publish   notice,   that   report  of  Appraisers  of  Land  shall  be 

presented  for  confirmation ^^ 

to  repay  disbursements  to  Chamberlain,  when  recovered  in  suits 

for  city ;; •; 

to  report  judgments  against  city  to  Common  Council 8-^ 

to  report   the   confirmation   of  appraisement   by   Supreme   Court 


to  Clerk  of  Board  of  Contract 


161 


to  report  within  one  month,  on  all  matters  referred  to  him....    57 

Costs: 

Chamberlain   to  pay,   in  acquiring  title   to   lands 163,164 

Corporation  Coun.sel  to  receive,   in  certain  cases 81 

when  owners  are  liable  to  expenses  and 169 

Counsel: 

Common  Council  or  city  officers  shall  not  employ >* 

may  be  employed    to   assist  Corporation   Counsel   In  Important 
cases 

County,  Corporation  Counsel  not  to  appear  for 80 

County  Treasurer: 

compensation  and  fees  for  collecting  unpaid  tax 101 

may  borrow  funds  to  pay  State  tax 101 

may  sue  to  collect   unpaid   tax '"^ 

to  certify  to  imperfect  description  of  property 99 

to  receive  fifty  thousand  dollars  from  Receiver  of  Taxes  before 

January  fifteenth,   in  each  year ^3 

to  transmit  statement  of  unpaid  tax  to  State  Comptroller 101 

Cross-walks: 

Street  Commissioner  to  determine  location  of 146 

to  be  a  city  charge  In  certain  cases 138 

to  be  kept  in  repair  by  Street  Commissioner 138 

Culverts: 

how  provided  for 138,  146 

Street  Commissioner  to   construct  over  streams 138 

to  be  a  city  charge ^38 


780  Index  to  Charter. 

Curbing:  Page. 

Board  of  Contract  to  provide  for 110 

owners  may  dc  their  own  work  on 123 


D. 

Damages: 

actions  for  recovery   of,    to  be  brought   within   forty   days  after 

presentation    of    claim 68 

allowed   by    compromise 82 

amount  of  judgment  for.  how  payable S2 

amount  of  judgment  to  be  reported  by  Corporation  Counsel 82 

appraisement  for,   by   commissioners ItiS,  169 

by  change  of  grade  of  streets 170 

by  negligence  of  city,  in  care  of  streets,  etc 60 

by    taking   private    property 162 

claims   for,    how    presented 60 

claims  for,  must  state  time,  place  and  cause  of 60 

claims  for,   to  be  presented  within  three  months 60 

costs  of  action  to  be  chargeable  to  claimants  in  certain  cases 64 

executions  not  to  issue  against  city  in  certain  cases 82 

interest  to  be  allowed  on  judgments  for 82 

judgment  in  actions  for,   to  be  reported  to  Common  Council   by 

Corporation   Counsel 82 

omission  to  present  claims  within  three  months  bars  actions  for,  60 

the  city  shall  not  be  liable  for,  in  certain  cases 64 

the  Mayor  may   recommend  settlements  for 81 

Dangerous  buildings 50,    51 

Dangerous  walks  to  be  repaired 137 

Debts: 

not  to  be  contracted  beyond  amount  of  appropriation 57 

not   to   be   created 56 

Declaration  of  sale: 

made  to  city 130 

may  be  assigned  by  city 130 

Deductions  of  amounts  of  tax  when  paid  before  February  1 1)5 

Deeds: 

Commissioners   of,    how   appointed 49 

Mayor  to  sign  in  name  of  city 71 

Defaulter  to  city  cannot  be  awarded  contracts 170 

Defective   work   by   contractors 73,  109,  141 

Definition: 

of  mortgagee 127 

of  purchaser.    .   .    127 

Delinquent  taxpayers  to  be  notified  to  pay 95,  96,    97 

Demands  against  city: 

to  be  printed  and  distributed 61 

to  be  verified  by   claimants 62—173 

to   whom    presented 61 

what  to  state 61 

when  to  be  paid 63,    S4 


how  remedied 


Index  to  Charter.  "^Sl 

Page. 

o,.rr,Ant  of  awards  to  unknown  owners,  140 

Deposit  of  certificates  for  P^^''".^"'  ^^^.^^^J^^riageway 139 

Deposit  of  ten  dollars  for  permit  to  open  carnagew  ^^^ 

Deposit,   when   to  be   returned 

Deputy  Chamberlain:  ^2 

how  appointed ■■■■' 83 

salary  of 83 

to  give  official  bonds 

Deputy  Engineer:  j^g 

appointment  of 150 

duties  of ■• 14S 

qualifications   necessary   to   be ^-^ 

to  be  a   fence-viewer 

Deputy  Receiver  of  Taxes:  ^^ 

appointment  of 92 

salary  of ' 93 

to  give  official  bonds • 92 

to  hold  office  during  pleasure  of  Receiver        

Description  of  property,  errors  in, 

Diagrams,  maps,  etc.:  ^^g 

to  be  city  property 14S 

to  be  made  by  City  Engineer ^^^   ^^^ 

Dirt  and  rubbish,  removal  of 

Disbursements:  gg 

of   Board   of   Finance 149 

of   City    Engineer ■■■■■ 63 

of   Corporation   Counsel ^, 

District  Physicians:  ^^ 

Mayor  to  appoint ■■■' ico 

Jo'r2id°e^n  the' districts' to  which  appointed -  |^ 

Docks,  Street  Commissioner  to  direct  repairs  of 

Drains  and  sewers:  ....  ,'>4,    68 

construction,  assessments,  etc.   .    •■•-••••;^„Y__ '.'.'."......!  HO 

Board  of  Contract  to  have  charge  of  repairs ^^^    ^^^   ^^^ 

Common  Council  to  direct  laying ■.■.'.'.'.'.'.'.'.'.'.'.'.'.'.'.'. 139,172 

connections L,.      *•„„  •f^.-  ton  davs    ...  53,    54 

laws  for  laying  to  be  noticed  ^-V  P^^'l'^^ti^^J^^^^^^^^  146 

Street  Commissioner  to  superintend  construction  of .^ 

Draining.  Board  of  Contract,  under  direction  of  Common  Council,  ^^^ 
to  have  charge   of 

Draughtsman:  l^g 

appointment  of ■■■■ 14g 

duties 14* 

salary 


782  Index  to  Charter. 

E.  Page. 

Eighth    Ward    boundaries 34 

Eighteenth   Ward  boundaries 37 

Elections: 

charter,    when    held 38—206 

city  officer  not  to  act  as  poll  clerk 53 

compensation  for  inspectors  and  poll  clerks 207 

districts,    how   and   when    changed 47 

expenses,   how  paid 207 

for  city  officers 206 

for  ward  officers 206 

general  provisions  of  election  law  applicable   in 206 

inspectors  and   poll   clerks 207 

notices  of,   to  be  published  ten  days,   etc 207 

notices  of,  to  contain  list  of  officers  to  be  voted  for  at 207 

notices  of,  to  specify  place  for  holding  polls 207 

notices  of,  to  specify  time  for  opening  and  closing  polls 207 

of  aldermen  and  supervisors 20C 

special,  when  held  and  for  what  purpose 39 

Electric  lights,   contracting  for 147 

Eleventh   Ward,   boundaries   of 35 

Eligibility: 

of  alderman 38 

of  officials  appointed  by  Mayor  to  fill  vacancy 75 

Embezzlement  of  public  funds 99 

Emergencies: 

contracting  debts  in  cases  of 57 

extra  labor   for 137 

provisions  in  cases  of 57 

repairs,    how    made   in 57 

Eminent  domain: 

assessment   of  awards   in 164 

City  Engineer  to  make  maps 148 

Corporation  Counsel  to  take  proceedings  in 81—161 

costs  in,  to  Corporation   Counsel 81 

general    provisions    respecting IGl 

leases,  to  cease  and  determine  in 167 

liens,    how    discharged    in 166 

moneys  of  infants,   to  be  deposited 166 

rules  in  practice,   how   established 167 

titles  to   be  proven   in 165 

Employe  or  city  officers  not  to  be  interested  in  contracts 53 

Employment  of  experts  to  examine  books,   vouchers 75 

Engineer  and  Surveyor: 

appointment  of 76' 

duties  of 148 

expenses   of,   for  materials   used,    etc.,   to   be   audited   by   Cham- 
berlain   150 

maps  made  by,  to  be  city  property 150 

may  appoint  inspectors  of  public  works 153 

may  appoint  substitute,   when  inspector  has  been  suspended 152 

may  change  street  grades 151 


Index  to  Charter.  783 

Engineer  and  Surveyor  —  (Continued) :  Page. 

may  employ  extra  help 148—149 

may  fix  per  diem  allowance  of  inspectors  of  public  work 153 

may  suspend  inspectors  of  public  work 152 

not  to  be  engaged  in  private  work  from  nine  to  six  each  day 149 

not  to  receive  fees 149 

office  hours  of,  to  be  from  9  A.  M.  to  6  P.  M 149 

qualifications  and  salary  of 148 

title  of,  changed 152 

to  appoint  deputy,  assistants,  draughtsmen,  leveler,   chainman..  148 

to  define  duties  of  inspectors  of  public  work 152 

to   do   necessary   engineering     for     Park    and     Water     Commis- 
sions   14S,  149 

to  be   fence-viewer 150 

to  cause  grade  to  be  on  plane  of  intersecting  streets 151 

to  certify  that  work  done  under  contract  is  substantial 153 

to  certify  to  amount  of  work  done  by  contractor 131 

to  certify  to  materials  used,  as  that  required 153 

to  make  maps,  profiles  and  surveys 148 

to  monument   new   streets 151 

to  number  and   index   maps 150 

to  survey  for  all  street  openings,  paving  and  repairing 148 

to  survey,   map,   profile  and  measure  for  proceeding  in  eminent 

domain 148 

to  remove  building  encroaching  on  street  lines 151 

Equity  proceedings,  not  to  be  instituted  to  vacate  assessments 142 

Errors : 

Assessors  to  be  notified  of,  by  Receiver  of  Taxes 99 

in  assessment,  how  corrected 141,  142 

in  description  of  property,  how  corrected 100 

Estimates: 

for  city  contracts  to  be  made  by  City  Engineer 149 

for  expenses  of  city  departments,  etc IOC 

Evidence: 

affidavit  of  service  of  notification  to  pay  tax 96 

affidavit  of  serving  or  posting  notices 59 

clerk's  certificate  to  attest  the  passage  of  ordinances 60 

of  title  of  ownership  of  property  in  eminent  domain 165 

of  the  publication  of  notices  of  passage  of  laws  and  ordinances,    60 

Excavating: 

Common  Council  to  direct 52,    53 

petitions  for,   in   street   improvements 53 

protection  to  adjoining  walls  in 182 

Executive  powers  of  the  city  to  be  vested  in  the  Mayor 70 

Executive  sessions: 

of  the  Board  of  Contract 110 

of  the  Board   of  Finance 103 

Expenditures: 

of  public  moneys  to  be  regulated 57 

vote  on,  for  public  celebrations 55 

vote  on,  for  ordinary  purposes 55 


784  Index  to  Charter. 

Page. 

Expenses  for  street  and  sewer  Improvements 51,  65,  120 

Expert,  may  be  employed  by  Mayor  to  examine  books 75 

Expulsion  of  member  of  Board  of  Aldermen 40 

Extending  streets,   provisions  and   requirements 51—161 

Extraordinary   emergencies 57,72,137 

Mayor  to  command  police  and  firemen  in  cases  of 72 

Mayor  to  recommend  expedients  in  cases  of 57 

F. 

Failure: 

of  city  oflicers  to  enforce  laws,  etc.,  not  a  liability GO 

of  contractor  to  begin  work,  vacates  the  contract 112 

False  entries  in  tax  books  a  misdemeanor 94 

False  swearing  to  be  perjury 83,  84,  172,  174 

Fees: 

of  City  Engineer  as  fence-viewer  to  be  paid  to  Chamberlain 150 

of  Corporation  Counsel 79,    81 

Felony: 

accepting  a  gift 171 

appropriation  of  public  property  or  moneys 99 

bribery 171 

Fences  maintained  at  joint  expense  of  owners 150 

Fencing: 

Board  of  Contract  to  have  charge  of 110 

vacant  lots 51 

Fence-viewers: 

duties  of 150 

City  Engineer  and  Deputy  to  be 150 

Ferry  rights,  vested  in  the  city 29 

Fifteenth  Ward  boundaries 36 

Fifth   Ward  boundaries 33 

Filling  lots.  Board  of  Contract  to  have  charge  of 150 

Filling  of  streets,  Common  Council  to  direct  the 51—65 

Finance  Board: 

banks  designated  to  receive  deposits  of  city  money  by 103 

hanks  may  be  changed  after  publication  of  notice  by 103 

Iianks  shall  give  security  required  by 103 

banks  shall  pay  interest  on  deposits  of  city  money  to 103 

Chamberlain  to  be  a  member  of 102 

Chamberlain  to  report  to  Common  Council  when  bonds  are  can- 
celed by 106,  107 

citizen  to  be  elected  to,  by  Common  Council 102 

Clerk  of  Common  Council  to  be  clerk  of 103 

duties  of,   generally 102—110 

expenses  of,  to  be  paid  by  Chamberlain 85 

full  minutes  of  meeting  of,  to  be  kept 103 

how   constituted 102 

may  have   executive   sessions 103 

Mayor  to  be  a  member  of 102 

minute  book  to  be  kept  by  Chamberlain 103 

minute  book  to  be  open  to  taxpayers 103 


Index  to  Charter.  785 

Finance  Board  —  (Continued):  Page. 

one  alderman  to  be  a  member  of 102 

President  of  Common  Council  to  be  a  member  of 102 

to  approve  compromise  of  claim  made  by  Corporation  Counsel..    81 

to  be  trustee  of  the  sinking  fund 102 

to  estimate  for  cleaning  streets 108 

to  fix  the  time  when  bonds  other  than  park  bonds  fall  due 104 

to  include  annually  $35,000  in  the  budget  for  sinking  funds 106 

to  insert  in  budget  amount  for  street  cleaning 110 

to  issue  bonds  for  other  than  park  purposes 104 

to   issue   improvement  bonds 69 

to    negotiate    certificates    of    indebtedness    in    emergency    pro- 
ceedings     57 

to  prepare  the  annual  tax  budget 105 

to  provide  in  the  budget  for  the  maintenance  of  the  police 106 

to  provide  for  the  maintenance  of  the  public  schools  and  parks..  106 

to   sell   improvement   bonds 69,    70 

to  report   to   Common   Council 105 

to  vote  by  ayes  and  noes 103 

to  witness  burning  of  canceled  bonds 107 

vote  to  be  entered  in  minutes 103 

Fires: 

casualty    by    fires 57 

Chief  of  Fire  Department,  powers  of,  in  cases  of 204 

construction  of  buildings  to  prevent 176 

construction  of  fire  escapes 180 

penalty  for  violating  fire  law 177—205 

powers  of  Chief  to  devolve  upon  assistant 205 

provisions  of  law  to  prevent 176,  180,  182 

'Fire   Cemmissioners: 

may  apply  for  injunction  in  violation  of  fire  law 179 

may  issue  certificates  of  indebtedness 57 

may  punish  violations  of  fire  law 177 

may  regulate  the  storage  of  combustibles 179 

Fire  limits,  provision  for  establishment  of 176 

Firemen,  Mayor  to. command  in  cases  of  emergency 72 

First  Ward,   boundaries  of 30 

Flagging: 

Board  of  Contract  to  have  charge  of 110 

owners  may  lay  their  own 123 

Street   Commissioner   to   superintend 146 

Forfeiture  of  office: 

for  converting  city  property 172 

for  disorderly  conduct  in  Common  Council 40 

for   fraud   upon    city 172 

for  neglect  or  evasion  of  public  duties 172 

for    non-attendance    of    meeting    of    Common    Council    for    two 

months 40 

for  permitting  any  person  to  convert  city  property 172 

Fourteenth  Ward,  boundaries  of 36 

Fourth   Ward,    boundaries    of 33 

Franchise  of  ferries,   city  to  regulate 29 

.  Fraud  and  embezzlement  by  city  officials 99 — 172 

50 


786  Index  to  Charter. 

Fraud:  Page. 

Chamberlain  may  withhold  payment  of  claims  for 174 

in  work  of  contractors,  vacates  the  assessment 141,  142 

G. 

Garbage:  ' 

contracts   for   removal   of Ill,  119 

contracts  to  be  let  by  Board  of  Contract Ill,  119 

Gas,  contracts  for  lighting  city 147 

General    city     charges,     bridges,   culverts,    intersections   of   streets, 

streets  paved  with  asphalt,  granite  block,  etc 138 

General  powers  of  Common   Council 42—17 

General   provisions   of   charter 170 

Gifts: 

not  to  be  accepted  by  city  officers 171 

penalty  for  acceptance  of,   by  city  officers 171 

Grades: 

damages  for  change  of  street 168,  170 

how   changed 151,  169 

how  established 151,  169 

of  streets  to  be  fixed  before  laying  sewers  or  drains 51,    52 

Grading: 

Board  of  Contract  to  have  charge  of 110 

Common   Council   to   direct 110 

Street  Commissioner  to   superintend 146 

Granite  blocks: 

paving  streets   with 54 

repairing  streets   with 139 

streets  once  paved  with,  to  be  repaired  at  city's  expense 138 

streets  paved  with,   to  be  kept  in  I'epair  by  contractor  for  five 
years 139 

Guns,  pistols  and  fire-arms,  city  may  regulate  use  of 44 

Guttering: 

Board  of  Contract  to  have  charge  of HO 

Street  Commissioner  to   superintend 146 

H. 

Hamilton  and  Jay  streets,  paving  of,  legalized 69 

Hearing   on   assessments I34,  142 

Highway  commissioners.  Common  Council  to  be 42 

Holidays,  legal: 

advertising  laws,   resolutions,  etc.,  legal  on 174 

Board   of   Aldermen   meets    following    Thursday,    when   regular 

meeting  falls  on I74 

notices  of  laws,  ordinances,  legal  on  all  holidays,  except  Sunday,  174 
when   meeting-s   of  boards   or  commissions   fall   on,    the   meeting 
shall  be  on  next  secular  day 174 

Horse  allowed  to   Street  Commissioner I45 

Horse  Railroads: 

to  have  tracks  between  rails  swept  and  scraped  and  kept  clean,  173 

to  have  snow  and  ice  removed  from  tracks 173 

to  have  rubbish  collected  for  cartage  by  Chief  of  Police 173 


Index  to  Charter.  787 

Hospitals:  Page. 

commitments  to,  by  Overseer  of  Poor 158 

how  paid  for  care  of  sick  poor 158 

the  Mayor  to  approve  amount  of  compensation  paid  to 158 

Houses  and  lots: 

to  be  advertised  for  sale  for  unpaid  assessment 88 

to  be  advertised  for  sale  for  unpaid  taxes 89 

to  be  sold  to  hig-hest  bidder 89 

Houses,  renumbering  of,  between  January  and  May 43 


I. 
Ice  and   snow:  • 

Common  Council  to  direct  removal  of 51 

removal  of  around  city  property 117,  119 

removal  of  from  railroads  running  through  streets 173 

removal  of,  to  be  regulated  by  Chief  of  Police 117,  173 

Impeachment  of  Mayor,   proceeding  in 64 

Improvement: 

bonds 67,  GS,  69,  70,  104,  107 

bonds,  issue  restricted  to  $750,000 69 

of   drains   and    sewers 68,    69 

of  streets 51,  54,    64 

Indexing  minutes: 

of   Board   of   Contract 116 

of  Common  Council 48 

Infants: 

awards  of,  for  property  taken  in  street  proceeding  to  be  depos- 
ited   in    bank 166 

awards  of,  when  to  be  paid  to  guardian 166 

Injunction  restraining  construction  of  building  contrary  to  fire  law,  179 

Injuries: 

claims  for,  what  to  state 60 

claims  for,   when  to  be  presented 60 

Corporation  Counsel  may  settle  claims  for 81 

Inspectors  of  election: 

city  officers  not  to  act  as 53 

compensation  of 207 

Inspector  of  Markets: 

appointment  of 77 

salary 77 

Inspector  of  Public  Improvements: 

appointment  of 153 

duties 152 

qualification  of 153 

shall  pass  civil  service  examination 153 

shall  receive  a  per  diem  allowance 153 


788  Index  to  Charter. 

Inspector  of  Weights  and  Measures:  Page. 

appointment  of 76 

duties  and  salary  of KJO 

to   make   quarterly   reports 160 

to  pay  fees  collected  to  Chamberlain 160 

to  state  amount  of  fees  collected 160 

Interest: 

at  six  per  cent  allowed  to  contractors 122 

at  twelve  per  cent  on  unpaid  assessments 122 

on  city  indebtedness  to  be  raised 105,  106 

on  unpaid  taxes 95,    97 

to  be  charged  by  Chamberlain  on  assessments 122 

to  be  paid  on  city  deposits 103 

to  be  paid  on  judgments  against  city 82 

Intersections: 

City  Engineer  may  change  grade  at 151 

repairing   of,   a   city   charge 138 

Inventory  to  be  filed  with   Mayor,   by   Corporation   Counsel,    of  all 

books  and  property 81 

Inventories  of  city  property  and  bonds  to  be  kept  by  Mayor 76 

Investigation: 

of  suspended  city  officials 74 

of  suspended  contractors 73 

J. 

Janitor  of  City  Building: 

appointment   of 77 

duties  and  salary  of 77,    78 

may  appoint  an   assistant 78 

Journal  of  proceedings  of  Board  of  Contract: 

shall  be  kept 116 

to  be  distributed 116 

to  be  indexed  and  bound 116 

Journal   of  the   Common   Council: 

must  be  kept 40 

must  be  printed  and  distributed 47,  48 

shall  be  indexed  and  bound 48 

shall   constitute   two   volumes 48 

reports  of  city  officers  to  be  the  second  volume  of 48 

taxpayers,  upon  payment  of  ten  dollars,  may  receive  a  copy  of,  49 

vote  on  expenditures  of  moneys  to  be  entered  in 41 

vote  on  vetoes  to  be  entered  In 41 

vetoes  shall  be  entered  in 41 

Judgment  against  city,  how  paid 82 

Judgments  against  city: 

shall  bear  interest 82 

to  be  paid  in  the  order  of  recovery 82 

when  execution  on  shall  not  be  issued 82 


Index  to  Charter.  789 

Judge:  P^^«- 

related   within   ninth   degree   to    owners   of   property    interested, 

disqualified  to  sit  in  eminent  domain  proceedings 162 

Third  Judicial  District,  Supreme  Court,  to  receive  report  in  pro 


ceedings   to   acquire   lands. 


163 
Jury  to  determine  issues  of  fact  in  vacating  assessments 142 

K. 

Keeping  assessment  rolls,  in  Assessors  office 175 

Keeping  books  of  account  in  Chamberlain's  office 85 

Keeping  book  of  minutes  of  Board  of  Finance 101,  102 

Keeping  minutes  of  Board  of  Contract —  ll" 

Keeping  minutes  of  Common  Council -JO.    4S 

Keeping  record  of  bids  on  contracts  by  Clerk  of  Board  of  Contract,  114 

Keeping  record  of  defects  in  street  lighting 147 

Keeping  record  of  payment  of  taxes 

Keeping  record  of  profiles,  maps,  etc.,  by  City  Engineer loO 

L. 

Laborers : 

145 
city,    appointment    of 

extra,  when  may  be  employed 

Lamps,  position  of,  determined  by  Common  Council 147 

Lands: 

may  be  acquired  for  city  improvements 161 

may  be  surveyed  for  reassessment 

Landlord  and  tenant,  assessments  not  to  affect  agreement  between,  125 

Legislative  powers  vested  in  Common  Council •■••-•    ^ 

Laws  and  ordinances  relating  to  street   improvements..^.....  ol,  54,    m 
Laws  may  be  legally  published  on  legal  holidays  except  Sunday 174 

Laws,    ordinances    and   resolutions: 

41 
to   be   published 

to  be  referred  to  Corporation  Counsel  for  revision o(> 

when  to  take  effect ^^'    ^^ 

Law  Committee  with  President  and  Recorder  to  try  suspended  city 
officers 

Law  Department: 

how  constituted ^'^'^m 

to  report  on  claims  within  three  months 61 

Lawrence  street  bridge,  salary  of  attendants  at ■•  160 

Laying   out  streets,   provisions   for ^1.  161.  168 

Leases,   how  affected  in  change  of  grade 170 

Lease,  how  affected  in  street  proceedings 167 

Legal   holidays,   provisions   relative   to 174 

Level  of  streets,  to  be  fixed  before  sewers  are  laid 51,    52 

Leveler,  appointment  of,  duty  and  salary 148 

Liability: 

city  to  be  saved  from  by  persons  breaking  street  surfaces 172 

for  damage,   of  persons  not  keeping  in  repair,   coverings,   open- 
ings and  drains  at  street  crossings 172 

for  sundry  accounts  audited  illegally , 57 


790  Index  to  Charter. 

Liability  —  (Continued):  Page. 

for  violating-  city  ordinances 59 

of   city,    provisions   relative    to 60,  81,    82 

of  city,  when  contractor  fails  to  perform  woric 136 

officials  not  held  for,   in  certain  cases 60 

officials  not  to  incur,  on  part  of  city 56 

License  fees,   to  be  paid  to  Chamberlain 46 

Licenses,  general  provisions  as  to 46 

Lien: 

assessments  to  be  a 65—121 

how  paid  in  street  proceedings 166 

release   of  liens 129 

when  filed,  restricts  the  issue  of  certificates  in  certain  cases 134 

Lighting: 

Board  of  Contract   to  let  contract  for 147 

claims   for,   how   paid 147 

Common  Council  to  pass  ordinance  for 147 

contracts  for,  may  be  made  for  longer  than  two  years Ill 

defects  in  street  lighting  to  be  reported  by  police 147 

Street  Commissioner  to  determine  position  of  lamps  for 147 

Street  Commissioner  to   have  charge  of 147 

Street  Commissioner  to  keep  records  of  defects  in 147 

Loss: 

assessments  by,   be  divided   on 129 

city  may  maintain  action  to  recover  assessments  on : 128 

may  be  sold  for  non-payment  of  assessments 88 

M 

Manufacturing  corporations: 

how  taxed 174 

personal  estate  of 174 

residence  of 174 

stockholders  not  to  be  taxed 174 

Maps: 

for  division   of   assessments 129 

to  be  made  by  City  Engineer 14S,  150 

to  be  the  property  of  the  city 148,  150 

Markets: 

appointment   of   inspector   of 77 

salary  and  duties  of  inspector  of 77 

to  be  regulated  by   Common   Council 46 

Marshal,  City: 

appointment  of 76 

duties  of 49,  160 

salary  of 160 

to  assist  the  Mayor  and  Clerk  of  Common  Council 160 

to   distribute   minutes,    journals,    etc 49 

Mayor: 

absence  from  city  extends  time  for  veto 41 

annual  message  of 72 

Chamberlain  to  report  to,  when  required 85 


Index  to   Charter  791 

Mayor  —  (Continued):  Pag-e. 

claims  to  be  approved  by 85 

clerks   of,    appointment   of 77 

clerks  of,  salary   of 160 

duties  of 71—76 

election   of 70 

executive  power  of  corporation  vested  in 70 

how  vacancy  in  office  of,  is  filled 71 

impeachment  of 64 

inventories  of  city  property  and  official  bonds  to  be  filed  with 76 

may  call  meetings  of  Common  Council 40 

may  consent  to  employment  of  counsel  in  important  cases 82 

may  employ  experts  to  examine  books  of  city  officials 75 

may   fill   vacancies   in   elective   officers   except   Aldermen   or   the 

Clerk 75 

may   recommend    extra   appropriation 57 

may   reduce  items  in   annual   budget 42 

may  sign  petitions  for  paving  the  city  property 55 

may  suspend  appointive  city  officers 74 

may  suspend  work   on   contracts 73 

may  veto  issue  of  park  bonds 78 

may  veto  items   in  annual  budget 42 

may  veto  law,   ordinance  or  resolution 40 

may  vote  in  certain  cases  of  tie 73 

member  of  the  Board  of  Audit 83 

member  of  the  Koard  of  Contract  and  Apportionment 110 

member  of  the  Board  of  Finance 102 

misdemeanor   of   candidate   for 72 

not  to  be  interested   in   contracts 53 

office   hours    of 71 

office  of 71 

powers  of,   generally 76 

powers  of,   in   emergencies 57,    72 

pre-election   promises   a   misdemeanor 72 

President  of  Common  Council   to  act  as 71 

qualifications  of 70 

resolutions   to  be   delivered   to 40 

salary  of 71 

sickness  of,  to  extend  time  for  veto 41 

term    of   office   of 71 

to  affix  city  seal  to  contracts,  deeds  and  agreements 71 

to  appoint  assessors 77 

to  appoint  bell   ringers 77 

to  appoint   clerks 77 

to    appoint    city    officers 76—77 

to  appoint   Corporation   Counsel 77 

to   appoint    District    Physicians 77 

to  appoint  Inspector  of  Market 77 

to  appoint  janitor  of  City  Building 77 

to  approve  all  audited  accounts 85 

to  approve  appointments  at  Alms-house 155 

to  approve  appointment  of  assistant  janitor  City  Building 78 

to  approve  appointment  of  Superintendents  of  Streets 145 

to  approve  bonds  of  Chamberlain 83 

to  approve  bonds  of  Receiver  of  Taxes 93 

to  approve  compromise  of  claims  for  damages 81 

to  approve  hospital  allowances  for  care  of  sick  poor 158 

to  approve  requisitions  of  Overseer  of  Poor 157 

to  approve  salary  of  tax  clerks 94 


792  Index  to  Charter. 

Mayor  —  (Continued):  Page. 

to  call  together  city  officers  for  consultation 73 

to  certify  to  confirmation  of  assessments 125 

to  certify  to  salary  of  attendants  at  Lawrence  street  bridge 160 

to  command  police  and  firemen  in  emergencies 72 

to  communicate  with  Common  Council 72 

to  direct  proceedings  in  violation  of  fire  law 179 

to  direct  repair  of  City  Building 78 

to   enforce  city   contracts 73 

to   enforce   city   ordinances 72 

to  execute  and  seal  deeds  of  property  sold  by  Commissioner  of 

Arrears 90 

to  have  custody  of  city  seal 71 

to    file    certificates    of    appointments    with    Clerk     of     Common 

Council 77 

to  file  veto  with  Clerk  of  Common  Council 41 

to  keep  record  of  official  correspondence 76 

to  make  general  recommendations  to  Common  Council 72 

to  preside  at  annual  meeting  of  Common  Council 73 

to  recommend  extra  assistance  to  city  officers 78 

to   recommend   extra   expenditure    in   emergencies 57 

to  send  annual  message 72 

to  sign  deeds  or  contracts  made  by  city 71 

to  sign  petitions  for  paving  and  improvement,  for  city 73 

to  suspend  appointive  city  officers  for  neglect  of  duty 74 

vacancy  in  office  of,   how  filled 71 

veto  of,   votes  necessary   to   override 41,  42,  55,  56,  78 

when   elected 70,  206 

when   may   be   impeached 64 

when  may  vote 73 

when  resolution  may  be  delivered  to 40 

when  to  sign  resolutions,  ordinances  and  laws 41 

when  to  veto  resolutions,  ordinances  and  laws 41 

M  easurements : 

City  Engineer  to  make,  for  Board  of  Contract 149 

City  Engineer  to  make  for  Boards  of  Park  and  Water  Commis- 
sioners   148 

City  Engineer  to  make,  of  city  property 150 

Meetings  of  Boards  and   Commissions   when   falling   on   legal   holi- 
days  174 

Meetings: 

of  the  Board  of  Contract  and  Apportionment 110 

of  the  Board  of  Finance 102 

of  the  Common  Council 40 

of  the  Common  Council,  annual 40 

of  the  Common  Council  at  call  of  the  Mayor 40 

of  the  Common  Council,   biennial 39 

of  the  Common  Council,   regular 40 

of  the  Common   Council,    special 39" 

of  the  Common  Council  when  falling  on  legal  holiday 40 

Members: 

of  Board  of  Audit 83 

of  Board  of  Contract  and  Apportionment 110 

of   Board   of  Finance 102 

of  Board  of  Trustees  of  Sinking  Fund 103 

of  Common  Council  not  to  be  interested  in  contracts 53 


Index  to  Charter.  793 

Message:  Page. 

annual,  of  the  Mayor,  what  to  contain 72 

from  Mayor,  in  cases  of  emergency 57 

Minutes: 

of  Board  of  Aldermen,  how  kept -17 — 48 

of  Board  of  Contract,   how  kept 116 

of  Board  of  Finance,  how  kept 103 

sale  of,  to  taxpayers,  for  ten  dollars  yearly 49 

to  be  printed  and  bound 4S,  116 

when  and  to  whom  distributed 47,  48,  49,  116 

Misappropriating  public  moneys 99 

Misdemeanor: 

accepting    or   offering   bribes 72,171 

by    Clerk,    in    not    delivering    law,    ordinance    or     resolution     to 

Mayor 41 

by  Clerk,   in  not  printing  and  distributing  claims 61 

by  changing  bids 113 

by  making  false  certificates  to  work  done 115 

by  making  false  entries  in   tax  books 94 

by  making  false  entry  in  record  of  bids 114 

conversion  of  city  property  to  private  use 171 

how  punished 59 

throwing  rubbish   in  streets 117 

to  open  carriageway  without  permit 140 

to  present  fictitious  claims 61 

to  use  wrong  name  in  presenting  claims 62 

to  violate   the   fire   law 177 

to  violate  regulations  for  storing  oils 179 

to  violate  city  ordinance 59 

Mistake: 

in   assessment   rolls 99 

in  description  of  property,   how  corrected 100 

in  levj-ing  assessments,   how   corrected 141,  142 

in  paying  awards,    how   remedied 167 

Moneys  collected  by  tax  to  be  used  for  purposes  raised 87 

Moneys  to  be  credited  to   Sinking  Fund 86,  87,    91 

Monthly,  receipts  and  disbursements  to  be  reported  by  Chamberlain,    85 

Mortgage: 

assessment  sales  not  to  affect  lien  of 126 

failure  to  pay  assessment  by  owner  of,   destroys   lien 127 

lien  for  assessment  paid  by  owner  of 126 

notice  to  be  given  to  owner  of,  under  assessment  sales 127 

owner  of.   presumed  to  reside  in  Albany 127 

Mortgagee: 

defined 127 

notice  to,  how  given 127 

notice  to  be  given  to  by  purchaser  at  assessment  sales 126 

Mortgagor,  presumed  to  reside  in  Albany 127 


794  Index  to  Charter. 

N. 

Naming-  of  streets:  Page. 

not  to  be  called  after  living  persons 43 

not  to  be  designated  as  a  place 43 

restrictions    as    to 43 

Naphtha,    storage   of   regulated 179 

Neglect  of  duty  a  cause  for  suspension  of  city  appointive  officers..    74 

Negligence  of  city,  a  base  for  claims  for  damages 60 

New  apportionment  when  assessment  is  vacated 143 

New  assessment  in  certain  cases 143 

Newspapers,   city : 

designation  of 4!) 

term  of  appointment  to  be  two  years 49 

to  continue  until  others  are  designated 50 

to  publish  all  city  advertisements  and  puljlic  notices 49 

Ninth   Ward,   boundaries   of 34 

Nineteenth  Ward,  boundaries  of 37 

Notice: 

as  to  assessment   for  repairs 50 

as  to  passage  of  laws  or  ordinances 53 

as   to   unsafe   buildings 50,  203 

of  apportionment 121 

of   confirmation    of   assessment 122 

of  election,  to  be  published 207 

of  intended  action  on  laws  and  ordinances 56 

of   meeting   of   Board    of   Contract   to    be    given    to    Corporation 

Counsel ". 110 

of  meeting  of  Commissioners  to  acquire  land 162 

of   non-payment   of  assessment 122,  124 

of  opening  and  closing  polls 207 

of  proposed   laws  and   ordinances 53 

of  reassessment   on  land 143 

of  sale   for   unpaid   taxes 95 

service   of,    how   proved 96 

to  be  given  by  Receiver  of  Taxes 95 

to  be  given  by  owners  desiring  to  do  their  own  work 123 

to  be  published  by  Receiver  of  Taxes 96 

to  be   served   on   contractors 108,  112 

to    confirm    assessments 122 

to  contractors  to  begin  work 112 

to   mortgagee,   how   given 127 

to   mortgagee,    on    sales 126 

to    owners,    of    sale 124,  127 

to    property    owners    whose    buildings    project    beyond    range    of 

street 151 

to    repair    streets 136 

to    repair,    how    served 50,  51,  136,  137 

to    repair    unsafe    buildings 50,203 

to  repeal  or  rescind  laws  or  ordinances 56 

Nuisances,  powers  in  relation  to 45 

Numbering-  streets  between  January  and  May 43 


Index  to  Charter.  795 

o. 

Oath  of  office:  Page, 

city  officers  to  take  before  Mayor  or  Supreme  or  County  Judge..  207 

to  be  filed  in  Mayor's  office 207 

to  be  subscribed  to  within  ten  days  after  notice   of  election   or 
appointment 207 

Objection: 

to  passage  of  laws  or  ordinances  to  be  filed  with  Clerk  of  Com- 
mon Council 53 

to  laws  or  ordinances  by  Mayor,  proceedings  under 41 

Obstructions,    how    removed 43,  51,  137 

Occupant: 

defined US,  119 

notice  to,   to  clean  streets 117 

notice  to,  to  remove  unsafe  buildings 50,  203 

notice  to,  to  repair  streets  and  sidewalks 136 

Officer: 

appointment   of,   for  Corporation   Counsel 79 

salary  of 79 

Officers,  city: 

appointments  of,   by  Mayor 77 

bonds  of,  to  be  given  by,  where  receiving  or  disbursing  moneys,  170 

bonds  of,  to  be  for  faithful  performance  of  duty 170 

bonds  of,  to  be  renewed  when  the  Common  Council  require 17 

bonds  of,  shall  be  prescribed  by  Common  Council 170 

briberj'  of,  or  attempting  to  bribe 171 

bribery  of,  penalty  for  accepting 171 

election  of 3^—206 

embezzlement  of  funds  by,  a  felony 99 

forfeiture    of    office    for    converting    public    property    to    private 

use 172 

forfeiture  of  office  for  evasion  of  duty 172 

forfeiture  of  office  for  fraud  upon  city 172 

guilty   of    felony    for   permitting   public    funds    to    be     used     for 

private   investment 99 

guilty  of  misdemeanor  for  permitting  the   conversion   of  public 

property    to    private    use 172 

nominations   of,   by    Mayor 76 

not  to  award  contracts  to  defaulters  or  one  in  arrears  to  cor- 
poration   170 

not  to  be  held  liable  for  failure  to  pass  ordinances 60 

not  to  be  interested  in  contracts 53 

not  to  receive  additional  allowances 170 

not   to   receive  perquisites 170 

official  oath  of 207 

penalty  for  accepting  gifts  or  bribes 171 

resignation  of 39 

term  of  office  of  Alderman  and  Supervisor 206 

to  hold  office  until  successors  have  qualified 39 

to    take   and    subscribe   before    Mayor,    or   judge     of     Court     of 
Record,   the  official  oath 207 

Official  bond: 

of   Chamberlain   and   Deputy §3 

of   Corporation    Counsel 80 

of  Receiver  of  Taxes  and  Deputy 93 


7!  Id  lNI>h'.\    TO     (JlIAIiTKR. 

(Miiiiiil    iir\\:i|iM|H'iM:  Page. 

Iiiuv   (lrMlKeiii(<Ml 49 

imllriM  (.r  IcIlliiK   fdiitnicis   to   l)i<   luihlisliid    in 112 

nndr.M    li>   In-   piihllsliiil    111    sll'i'i'l    procci'iliiiKS 101 

(.1111   111',    1(1  !>.'   Iwii   vi'iiis 49 

tliri-c   lii'\VM|iii|>ris   1(1   be  ilcslfAiiii  ted   ns 49 

In  in'il'mtii  (liillcH  iiiilll  (illn-r  tu>\vsimpi'i-s  arc  designated 50 

I..   iMilill.Mli   III!   clI.N    lu.tli'.'S 49 

111    piilill.Mli    ivlt>ctloM    nolli'os 207 

1(1   piilillsli   liiws 41 

1(1  pul'llMli   Mn.\'(ir's  ri^cniunu'tulMttons 57 

1(1  putillsli  luitli'i-s  fill-  l^'inaiuc   lUmrii  dopii;natiii.u  (.-it.v    banks: 103 

1(1   publish   iH>llc<'s  of  conlirnmtlon   of  assossnionts 121.  122 

1(1   piibllsli    m>tlo«<s   (if  fonllrmation   of   report    in   street   proceed- 

IllKf^ 1^ 

(o  publish  niMloes  of  st»l<>s  for  non-v>aynu>nt  of  assessments 124 

to  publish  iiolloes  of  sales  for  nou-pa.\ mont   of  taxes S9.  101 

to  pnbllsh  notice  of  sale  of  bviiUiinss 167 

to  piililtsh  notiees  of  sale  of  houses  and  lots S8 

to  publish  notices  of  pri>p^'*'«'»l  laws  and  orditianees 53 

to  iMibllsh   notices  v>f  \inpatd   taxes 95.101 

t(>   publish   ordinanees   and   laws 41.    49 

to  publish   vetoes 41 

Ortlelal  tovMx: 

of    Aldernven 3S.  206 

of    oity    omeoi-s 42 

olf  Supervisors.  .  . 206 

OUs; 

wntrttot  for 14T 

n^vilatlnj:-  storastt>  v^f 1T9 

»e\julrtnK  laml   tv^r ISl 

jnvv'r^'vUujis  In , 161—170 

to  m»ko  ^^»umvtKvns  with  mains  annj  sewers.... C,  a.  172 

v>»\liuauet>*  ami  resoUittons  as  evulencv 38 

as  tv>  >K>wn>r;?  ec  vuv  ortK^r* S9 

fvvr  ori^iual  stn;vt   mtprv^vvTOents S5 

UabiUty   fv>r  violatKm  v>.f SS 

uoite^i  «v>  a(.\opt  vxr  rx'^vaX  to  **  sriven  at  regular  me^tiiisr  preTiojK 

tH»  aotKxn  Nnnjr  takxni S6 

txT'f^v'rtbitttsr  vUuie*  of  Xlayvvr W 

r«^»«?«»ltf\l  bj-  tht»  pi*ssa#>i'  (jf  v-lMurt«r — ^, 2IS 

tvi  Ni>  «*wfo>rv>evl  by  th<?  Mayor 12 

t<i>  b"?  jHsbUsii^fvl *!.  S3 

tv>  rvNiwtrv*  *«;\'umy  f¥v«a  ijilKcials  and  eterks.^ 59 

W^t<»  vVt;  V*S*JSM!>i'  of.   .  .   ,».».» , & 

w>tt?tt  tv^  b<*  jHiWis^iev^ > 4ffi.   53 

xirtt*«  tv>'  t*5;<!^  <fSt»fv"t.....v 41 

vVwt  wl^\vK»iif«.  r\e-sfv,l*tk>«ii5  as  to  c«iostr«!«wo  eit- ES 

>.''■  \3i'^.^Al   strx^f?    txvv?:^.>v«ia!«fcts „ 35— Kl 

v";^<■r  oity  v>iJ!tv>fJ^  AjH'v^iBttwwats  asaS  saft»rtes~ M* 

Ov<?!r*«?«r  »rf  tit*  JVoir; 

*j^$vt"tttwi««ft  «t. «, 3S 

«.$;$^^.;d^t^  at>9«^t»«&t  aaii  sataxr  «C 0 


Index  lo  CHARTstt.  797 

Overseer  of  the  Poor  —  (Continued):  Pag-e. 

duties  of 157 

may  commit  sick  poor  to  hospitals 158 

may  make  requisition  for  temporary  relief 157 

misdemeanor  for,  to  expend  more  than  amount  of  requisition —  159 
not  to  issue  orders  to  stores  where  liquors  are  sold  by  the  glass,  159 

office  of,  to  be  in  city  of  Albany 157 

payment    of    orders    from,    void    if    not    presented    within    three 

months 159 

requisitions  of,  to  be  approved  by  Mayor 157 

salary   of 157 

shall  institute  proceedings  against  relatives,   etc 157 

shall  investigate  the  antecedents  of  the  poor 157 

shall  make  disbursements  for  temporary  relief 158 

to  keep  records  of  antecedents  of  the  poor 157 

to  make  monthly  report  to  Common  Council 159 

to   make   requisitions   on   Chamberlain 157 

to  remove  families  to  Alms-house 158 

to  state  number  of  coal  and  store  orders  monthly 159 

Owners   of  property: 

awards  to  be  deposited  in   bank   for 164 

disputes  of,  as  to  partition  fences 150 

may  do  their  own   improvement 123 

notice  of,  to  do  their  own  work  to  be  filed  with  Clerk  of  Board 

of  Contract 123 

notices  to  clean  streets  to  be  given  to 117,  118 

notices  to  repair  streets,  etc.,  to  be  given  to 136 

notices  to  repair  unsafe  buildings  to  be  given  to 50,  203 

to  pay  expenses  of  improvements 120—121 

to  receive  notice  for  redemption  on  sales 127 

to  receive  notice  of  property  purchased  at  assessment   sales 127 

to   remove  snow   and   ice  from   walks 117,  118 

Ownership    of  lands    and    property    to    be    proven    before    award    is 
made 165 


P. 

Park  bonds: 

issue  of,  to  be  approved  by  Mayor 78 

Mayor  may   veto   issue   of 78 

vote  necessary  to  override  veto  on  issue  of 79 

Parks : 

cleaning  of  streets  around  city 119 

removal  of  ice  and  snow  from  around 119 

Partition  fences: 

disputes  in,  to  be  settled  by  City  Engineer 150 

to  be  maintained  at  joint  expense  of  owners 150 

Part-payments   of  assessments   for   improvements 66,    69 

Paupers: 

care  and  keeping  of 154 

to  be  employed  in  cultivating  Alms-house  farm 155 

Pavements  to  be  laid  on  at  least  one  foot  of  clean  sand 52 


798  Index  to  Charter. 

Paving:  Page. 

Board  of  Contract  to  have  charge  of 110 

laws   relative   to ^^ — 69 

of  streets  within  old  city  lines  without  petition 54,    64 

owners  may  do  their  own 123 

petition   for,   when   required 53 

Street  Commissioner  to  superintend  at 146 

Payment: 

of  awards  for  property  taken  by  city 164,  169,  170 

of  accounts 63,  84,  85,  173,  174 

of  assessments 65 

of  compromised  claims  for  damages 61,  81,    82 

of    improvement    bonds 67 

of  judgments  against  city 82 

of  taxes 95,  100 

on   certificates    of   indebtedness 130,131 

to  contractors 87,  131 

when  made  by  mistake,  how  recovered 167 

Penalties: 

Common    Council    to    fix 47,    59 

Common  Council  to  regulate  suing  for  and  collection  of 46 

for  accepting  gifts  on  agreement  to  vote 171 

for  bribery  or  attempting  to  bribe 171 

for  converting  public  property  to  private  use 99,  172 

for   embezzlement 99 

for  felony 99 

for  making  false  entries  in  books 94,  114 

for    misappi-opriating   public    money 99 

for  perjury.   .   1"2.  174 

for   violation    of   city    ordinances 47,    59 

for   violation    of   fire    laws 17C,  177,  179,  ISO,  205 

I'erjury: 

false  swearing 83,  84,  172,  174 

punishment 1^ 

what  constitutes 83,  172 

Permits: 

bonds  required  for,  to  break  street  surface 139,  172 

to  construct  certain  kind  of  flue 191 

to  cut  doorway  through  party-wall 192 

to  have  steam  boilers  above  cellar  floor 201 

to  occupy  streets  for  building  purposes 172 

to  open  street  surfaces  to  make  connections  with  sewer,  gas  or 
water  mains 139,  172 

Perquisites: 

City   Engineer  not   entitled   to 149 

officers  of  the  city  government  not  to  receive 170 

Pest  House,  City  Physician  to  treat  daily,  sick  in 154 

Pestilence,  powers  of  city  in  cases  of 45 

Petition: 

feet  of  ownership  to  sign  for  public  improvements  by 53 

for  paving 53 

for  repaying 54,  64 

Mayor  to  sign  for  city  property 55 


Index  to  Charter.  799 

Page. 

Petroleum  and  other  combustible  oils,   storage  of 1^9 

penalty  for  violating  requirement  to  be  fifty  dollars 179 

Physician : 

Alms-house  resident,   appointment,   duties   and   salary 154 

City,    appointment   of 

City,  duties  and  salary 

(See  City  Physician.) 

District,   appointment   of '' 

District,  must  reside  in  the  district  for  which  appointed 160 

District,   salary  of ^°*' 

Places  of  amusement,   construction  of 180 


76 
154 


Places  of  amusement: 

power  of  city  to  regulate 45 

when  to  be  licensed 


45 


Plank-walks: 

Board  of  Contract  to  cause  to  be  repaired 119 

Street  Commissioner  to  repair  in  certain  cases  — ; 136 

owners  to  be  notified  to  repair 136 

when  a  city  charge 138 

Plans,  maps,  profiles,   etc.: 

to   be   city   property 150 

to  be  made  by  City  Engineer 148 

Police: 

chief  of,   to   have  charge  of  street  cleaning 117 

chief  of,  to  remove  ice  and  snow  from  streets  in  certain  cases..  173 
to  aid  Fire  Commissioners  in  reporting  violations  of  fire  law —  177 
to    aid    Street    Commissioner    in     reporting    defects     in     street 

lighting , 147 

to  be  commanded  by  Mayor  in  emergencies 72 

Police  Commissioners  to  certify  to  estimates  for  annual  budget  to 

Finance  Committee 106 

Police  justices,  when  to  be  elected 206 

Poll  clerks  shall  receive  five  dollars  for  each  day's  service 207 

Polls,  time  for  opening  and  closing,  to  be  published 207 

Polling  places,  as  designated,  to  be  published 207 

Poor: 

temporary  relief  to  be  provided  for,  to  the  amount  of  ten  dol- 
lars,  annually 158 

to  be  committed  to  Alms-house 158 

to  be  employed  on  Alms-house  farm 155 

to  have  antecedents  investigated 157 

when  sick,  to  be  committed  to  hospitals 158 

Posting  notices: 

affidavit  as  to 59 

as  to  polling  places,  opening  and  closing  of  polls 207 

of  list  of  officers  to  be  elected 207 

Powers  of  Commissioner  of  Arrears 88 — 92 

(See  Commissioner  of  Arrears.) 


800  Index  to  Charter. 

Powers  of  corporation:  Page. 

legislative,  to  be  vested  in  the  Common  Council 38 

restrictions    as    to 53 

to    adopt    ordinances 59 

Presentation  of  claims  and  accounts 60—61,  62,  63 

President  of  Common  Council: 

election  of 39,    71 

member  of  Board  of  Audit S3 

member  of  Board  of  Contract  and  Apportionment 110 

member  of  Board  of  Finance 102 

member  of  Board  to  try  suspended  officers 74 

when  to  act  as  Mayor 71 

when  to  qualify  as  Mayor 71 

President  pro  tern  of  Common  Council 39 

Presumption  as  to  residence  of  mortgagor 127 

Presumptive    evidence: 

as   to  proof  of  publication 60 

as  to  regularity  of  sale  for  unpaid  assessments 126 

Printed  claims: 

to  be  distributed  to  city  offlcers 61 

to  be  distributed  to  taxjiayer  paying  ten  dollars  therefor 49 

Printed  minutes: 

of  proceedings  of  Common  Council  to  be  distributed 47,    49 

of  proceedings  of  Board  of  Contract  to  be  distributed 49,  116 

Private  property: 

may  be  taken  for  public  use 161 

proceedings  in  acquiring  title  to 161 

Proceeds  of  sale  of  bonds,  to  be  applied  to  payment  of  contractors..    67 

Proceedings: 

in  ascertaining  relatives  of  poor  persons 157 

in  veto 40 

to  reduce  or  vacate  assessments 140 

Profiles: 

to  be  city  property 148 

to  be  made  by  City  Engineer 148,  150 

Promises,    pre-election,    made   to   secure   support    for   office,    a   mis- 
demeanor     72 

Property: 

bought  by  city,  when  to  be  sold 89 

how   described  in  assessments 123 

may  be  sold  by  city  for  unpaid  assessment  or  taxes 89,  123 

mortgagee  to  have  lien  on 126 

of  city  not  to  be  converted  to  private  use 99,  172 

purchase  of  by  city,  when  no  other  bids 129 

purchase  of,  at  sales,  must  be  for  a  number  of  years 124 

sold  for  assessment,  may  be  redeemed  within  two  years 126 

rights   of   the   city    to   purchase   at   close   of   tax    or   assessment 

sales 129 

when  imperfectly  described,  to  be  returned  to  assessors 99 


Index  to  ChartEu.  80J 

Property  owners:  Page. 

may  do  their  own  work  on  improvements 123 

required  to  clean  streets 11",  118 

subject  to  arrest  for  failure  to  pay  for  cleaning  streets 118 

Proposals: 

Board  of  Contract  to  issue,  for  all  work  for  city Ill 

blank  form  for  to  be  furnished 114 

changing  or  altering,  after  presentation,  a  misdemeanor 113 

may  be  presented  by  person  making 114 

new,   may  be  advertised  for 112,  114 

not  to  be  received  from  persons  in  default 170 

not  to  be  received  after  bidding  declared  closed 113 

not  to  be  received  and  considered  if  not  complying  with  rules 113 

not  to  be  received  when  not  indorsed  with  name  and  residence 

of  person   making 113 

record  of,  not  to  be  changed  by  clerk.,  etc 114 

to  be  advertised  for  by  five  publications 108—112 

to  be  entered  in  special  book  of  minutes 114 

to  be  indorsed  with  title  of  work,  name  and  residence  of  bidder,  113 

to  be  opened,  after  bidding  declared  closed 113 

to  be  received  by  Board  of  Contract,   etc 113 

to  be  received  for  street  cleaning 108 

what  to  specify 108—112 

when  reletting  bids,  defaulting  bidder  barred   from  making 112 

when    to   be   considered 112,  113 

when   to  be   received 109,  113 

Protection  of  school  lots,   ordinances  for 52 

Publication: 

of   election    notices 207 

of  laws  and   ordinances 41,  53    60 

of  notice  of  confirmation  of  assessments 122 

of  notice  of  passage  of  proposed  law  or  ordinance 53 

of  notice  of  sale  for  non-payment  of  assessments 124 

of   notice   of   time    of    first    meeting    of    commission    to    appraise 

property   taken   for  public  use 162 

of  notice  of  time  to  receive  bids 112 

of  notice  of  unpaid  taxes  on  April  1st 95 — 96 

of  notice  to  pay  tax  and  water  rates 95 

of  notice  to  redeem  property   purchased  at   tax   or  assessment 

sales 89 

Public  auction: 

city  property  to  be  sold  at 89 

to  be  sold  to  the  highest  bidder  at 89 

Public  records,  accounts  to  be 63 

Punishment: 

for  bribery  or  attempt  to  bribe 171 

for  conversion  of  city  property  to  private  use 172 

for  embezzlement   of  city   moneys 99 

(See  Penalties.) 

a. 

Qualification: 

of  Aldermen 38 

of  City  Engineer 148 

51 


802  Index  to  CnARTEii. 

Qualification  —  (Continued) :  Page 

of  District   Physician jgg 

of  insijector  of  public  improvement 153 

of  Mayor ^q 

Quorum: 

of  Board  of  Aldermen 39 

of  Board   of   Contract 116 


R. 

Railroads: 

required  to  keep  streets  between  tracks  clean 173 

shall   not  render  streets   impassable 173 

shall  remove  ice  and  snow  from  either  side  of  track,  and  main- 
tain even  grade I73 

upon   refusal    or   delay   to   clean   streets   by,    Chief   of   Police    to 

proceed 273 

when   street   between    track    is   cleaned    by    Chief   of   Police    the 
expense  to  be  assessed  upon  property  of I73 

Readvertisement   for  proposals  when   contractor  fails   to   sign   con- 
tract   1J2 

Reapportionment,  when  first  apportionment  is  set  aside 138 

Reassessment: 

by  reason  of  vacating-  first  assessment 138 

for  imperfect  description  of  property 99 

Receiver  of  Taxes: 

appointment  of 7g 

bond  of 93 

duties  of,  generally 93 

salary   of 92 

to  appoint  a  deputy  receiver 92 

to  appoint  extra  clerks  during-  December,  January,  February 94 

to  certify  to  unpaid   taxes  to  County  Treasurer 93 

to   countersign    checks 85 

to  deduct  or  add  to  legal  interest 93,  97 

to  deliver  assessment  rolls  to  Supervisors  for  signing  warrants,  93 

to  file  affidavit  of  publication  of  notice  of  unpaid  tax 97 

to  give  notice  of  unpaid  tax 95^  96 

to  keep  books  of  daily  receipts  of  tax  and  water  rates.. 93 

to  keep  the  assessment  rolls  and  warrants 93 

to  notify  assessors  of  errors 99 

to  pay  amounts  received  daily  to  Chamberlain 93 

to  pay  County  Treasurer  $50,000  before  January  fifteenth 93 

to  pay  whole  amount  due  Chamberlain 93 

to   pay    whole   amount    due    County    Treasurer    until    State    and 

county  taxes  are  paid 94 

to  publish  notice  of  receipt  of  warrants  to  collect  tax  and  water 

rates 95 

to  receive  all  taxes  and  water  rates 93 

to  serve  notice  of  unpaid  tax  by  mail 96 

to  show  daily  entries  to  Chamberlain  at  close  of  business 93 

■R-hen  guilty  of  misdemeanor 94 

when  to  be  discharged  from  liability  for  collection  of  tax 98 

Rescinding  or  enacting  ordinances 56 


Index  to  Charter.  803 

Recorder:  Page. 

election  of 206 

to  be  a  member  of  the  Law  Department 60 

to  preside  at.  trials  of  suspended  city  officers 74 

Records  of  city  to  be  kept  by  Clerk  of  Common  Council 39,    40 

Recovery  for  damages  to  person  or  property,  proceedings  for 60, 

63,  81,    82 

Redemption   from  sales: 

by  paying  purchaser  or  Chamberlain  amount,   with  12  per  cent 

interest 126 

may  be  made  within  two  years  after  sale 126 

Reducing   assessments    for    fraud 142 

Refunding   money: 

paid  on  erroneous  assessment 55 

when  sale  or  assessment  is  declared  invalid 91 

Registered  bond,  all  city  bonds  may  be 106 

Registered  bonds: 

may    be    transferred 107 

when  purchased  by  sinking  fund  to  be  burned 107 

Rehearing  on   assessment 122,  138 

Relatives  of  poor,  responsible  for  their  support 157 

Repairs: 

assessment   provisions   applicable   to 137 

contracts  for,  to  be  let  by  Board  of  Contract 119 

general   provisions  as  to 136—140 

Ui   cases   of   emergency 137 

Mayor  to  order,  in  certain  cases 137 

notice  to  owners  by  Street  Commissioner 137 

notice  to  owners  of  assessments 137 

of  bridges  on  line  of  street  to  be  a  city  charge 138 

of  carriageway  of  all  streets  paved  with  granite  block,  vitrified 

brick  or  asphalt  a  city  charge 138 

of  culverts  over  running  streams  across  streets,   to   be  a   city 

charge 138 

of  unpaved,    planked   or  macadamized   streets   or  crosswalk,    a 

city  charge 138 

when  expense  of,  may  be  paid  out  of  contingent  fund 139 

when  granite  blocks  may  be  used 139 

when  Street  Commissioner  to  have  charge  of 138,  146 

Repaying: 

Board  of  Contract  to  have  charge  of 110 

petition  for,  with  other  than  cobble-stone 64 

without    petition,    provisions   applicable 54 

Repealed,  acts 208 

Repealing  and  saving  clauses 207 

Report    of    boards    and    commissioners    to    be    made     annually     to 
Finance  Board 106 

Report: 

of   Chamberlain,    on   audited    claims 84 

of  Chamberlain,  to  be  made  annually 85 

of  Chamberlain,  to  be  made  monthly  to  Common  Council 85 

of  Chamberlain,  to  be  made  whenever  required  by  the  Mayor...    85 
of  commission  to  acquire  property  for  public  use 162 


804  Index  to  Charter. 

Report  —  (Continued):  Pag6. 

of  committees  of  Common  Council,  to  be  made  at  next  regular 

meeting- 40 

of  Corporation  Counsel  on  all  matters  referred  to  him 56,    57 

of  Law  Department,  to  be  presented  within  three  months 60—61 

of  officers,  boards  and  commissions  to  Chamberlain 85 

of  Overseer  of  Poor,  to  be  made  monthly 159 

of  physician  at  Alms-house,  to  be  made  monthly 154 

of  Superintendent  of  Alms-house,   quarterly  statement 156 

Reporters  may  be  present  at  meeting  for  opening  bids,   by   Board 
of  Contract 114 

Resident   Physician   of  Alms-house: 

appointment  of 154 

duties   and    salary 154 

Resignation: 

of  members  of  Common   Council 39 

of   more    than    a    majority    of   Common    Council,    Mayor    to    call 
special  election 39 

Resolutions: 

appropriating  money,   to  receive   two-thirds  vote 55 

shall  be  published  once  within  five  days  after  taking  effect 41 

to  be  certified  to  by  Clerk 40,  60 

to  be  received  as  evidence  in  certain  cases 59 

when  operative,  notwithstanding  objection  by  Mayor 41 

when  operative  without  approval  or  objection 41 

when  requiring  unanimous  consent  to  be  considered 55 

when  to  take  effect 41 

when   vetoed,    proceedings 40 

Restrictions: 

on    city   officials 53,  57 

on  contractors 112 

on  expenditures 57 

on  liability  of  city   officers 60 

on  powers  of  Common  Council 53 

Rodman,  appointment,  duties  and  salary  of 148 

Rubbish,  ashes,  sweeping,  not  to  be  thrown  in  streets 117 

Rules   of   Common   Council,    how    made 40 

S. 

Salaries : 

provisions  as  to  payment  of 63 

to  be  regulated  by  Common   Council 42 

Salary  and  Compensation: 

of   Alms-house    physician 154 

of  Assessors 175 

of  Assessors'  clerk 175 

of   Assistant   City   Engineer 148 

of  Assistant  Clerk  of  Common  Council 40 

of  Assistant   Corporation   Counsel 79 

of  Assistant  Janitor  of  City  Building 78 

of  Assistant  Overseer  of  the  Poor 159 

of  attendants  at  Lawrence  street  bridge 160 

of  bell  ringers 160 

of  chainmen 148 


Iadex  to  Charter.  805 

Salary    and    compensation  -  (Continued) :  Page. 

83 
of  Chamberlain j^^g 

of  City   Eng-ineer '  ^^^ 

of  city   laborers -^^ 

of  City  Marshal ^^ 

of  City  Physician ^g^ 

of  clerk  at  Alms-house g 

of  Clerk   of  Board   of  Contract ^^ 

of  Clerk   of   Common   Council ^^ 

of  Commissioner    of   Arrears ^^ 

of  Corporation  Counsel ^^^ 

of  County  Treasurer ^ 

of  Deputy  Chamberlain ^^g 

of  Deputy   Engineer g2 

of  Deputy  Receiver  of  Taxes 

of  Deputy   Superintendent   of  Alms-house ^^^ 

of  draughtsman  in  City  Engineer's  office 

of  extra  clerk  for  Board  of  Contract ^^ 

of  extra   clerk   for  Chamberlain ^^ 

of  extra  clerks  for  Receiver  of  Taxes 

of  inspectors  of  election  and  poll  clerks ^^ 

of  Inspector   of   Markets 

of  Inspector  of  Weights  and  Measures ^^ 

of  Janitor  of  City   Building ■  •    ^^ 

of  Mayor '  ^g^ 

of  Mayor's   clerks jg^ 

of  Overseer   of   Poor 207 

of  poll  clerks g2 

of  Receiver    of    Taxes ^^g 

of  rodman  in  Engineer's  office ^^^ 

of  Street   Commissioner ^^^ 

of  Superintendent    of   Alms-house ^^^ 

of  Superintendent  of   Streets 

Sales  for  non-payment  of  assessments: 

125 
Chamberlain  to  file  resolution  directmg ^^^ 

Chamberlain  to  purchase  at,  for  city ^^ 

Common   Council    to   direct •••■ ••• 

costs  to  be  three  dollars  before  sale  and  four  dollars  after lio 

costs  to  be  paid  to  city 60' 'ss,' lOlV  m.  1^ 

how   made ^25 

mortgage  lien  not  affected  by ^25 

not  to  affect  landlord  or  tenant -^  _^^ 

notices  of 226 

notice  to  mortgagee   under 

proceeds  of,  to  be  applied  in  payment  of  contracts ^( 

property  purchased  by  city  at.  to  be  sold  after  hve  years 130 

proof  of,  to  be  filed  in  county  clerk's  office —  J^^ 

publication  of  notice  of ^ 

purchaser  at,  to  be  entitled  to  possession ^ 

records  of,  to  be  filed  with  county  clerk ^ 

redemption  from ' 

Sales  for  unpaid  tax  and  water  rates sq 

all  unredeemed  property  to  be  sold 

costs  of  sale  to  be  added  to  tax 

publication   of  notice  of 

purchaser  to  be  entitled  to  possession ^^ 

title  under .„ 

to  be  sold  to  the  highest  bidder • 

twenty  per  cent  of  purchase  price  to  be  paid  down »a 

when  city  becomes  a  purchaser  at 


101 

89 


806  Index  to  Charter. 

Page. 

Sale  of  building  on  lands  taken  by  city 167 

Sale  of  houses  and  lots  by  Chamberlain 88 

Sale   of   improvement   bonds 67,  70,  106 

Sand,  quantity  and  quality  to  be  used  in  paving 52 

Saving   and   repealing   clauses 207 

School  lots,   ordinance   to   protect 52 

Seal  of  city  to  be  in  custody  of  Mayor 71 

Second    Ward,    boundaries    of 30 

Service  of  notice  to  pay  tax,  by  Receiver  of  Taxes 96,    97 

Seventeenth   Ward,    boundaries   of 37 

Seventh  Ward,  boundaries  of 34 

Sewers: 

assessments  for 65—68 

Common  Council  to  direct  laying  of 51 

connections  of,   permits   to  make 139,  172 

earthern-pipe   house  drain   connections  with 52 

improvement  bonds 66 — 68 

notice  of  laws  for  constructing,   to  be  published  ten  days 54 

Street  Commissioner  to  give  permits  to  tap 172 

Street  Commissioner  to  superintend  construction  and  repair  of,  146 

Sidewalks: 

Common  Council  to  regulate  cleaning  of 44,    51 

Common  Council  to  regulate  use  of 43 

Street  Commissioner  to  direct  repairs  of 136 

to  be  free  from  dirt,  filth  or  obstructions 51 

when  dangerous  to  travel  Street  Commissioner  to  repair 137 

Signs,  regulations  as  to  use  of 44 

Sinking  Fund: 

annual  report  of  trustees  of 104 

balances  from  unused  funds  to  be  paid  into 87 

certain  assessments  to  be  paid  from 69 

excess  of  proceeds  of  sale  of  bonds  to  be  paid  into 67 

moneys    raised    for   annually 106 

moneys  received  from  loan  to  Albany  and  Schenectady  Railroad 

to   be   paid   into 87 

refund  of  money  paid  at  tax  sale,  to  be  paid  from 91 

tax  for  bonds  paid  from 69 

trustees  of,  duties 103 

trustees  of,   how   constituted 102 

Sixteenth  Ward,   boundaries  of 37 

Sixth   Ward,   boundaries   of 33 

Slaughter   houses.    Common    Council    to    regulate    the    erection    and 

use  of 44 

Sluice-ways  to  be  kept  in  repair 172 

Smoke-houses  to  be  constructed  of  non-combustible  material 190 

Snow: 

Common  Council  to  direct  removal  of 51^ 

contract  for  removal  from  around  city  property 119 

expense  of  removal  to  be  assessed I73 

railroads  to  remove,  from  between  tracks 173 

removal  of,  to  be  regulated  by  Chief  of  Police 117,  173 

Special  election,  when  called  to  elect  aldermen 39 

Specifications  and   proposals: 

for  work  on  contract II4 

to  be  furnished  to  bidders ,.,., .114 


Index  to   Charter.  807 

Specifications  and  proposals  —  (Continued):  Page. 

to  be  prepared  by  City  Engineer 115 

what    to    contain 114,  138,  139 

where  to  be  filed , 115 

Sprinkling  street 51,  119 

contract  for  to  be  made  by  Board  of  Contract 119 

Stockholders  of  Manufacturing  Corporations  not  to  be  taxed 174 

Storage  of  combustible  oils 179 

Straightening  and  widening  streets,   proceedings  in 161 

Streets: 

assessment   for   improvement   of 'A,  65,  120 

Board  of  Contract  to  have  charge  of  improvements  of 51,  110 

bonds  for  occupying  or  opening  streets 172 

by   whom    cleaned 108,  117,  119,  173 

City  Engineer  to  provide  profiles  and  specifications  in  improve- 
ments  of 115 

cleaning  of,  to  be  regulated  by  Chief  of  Police 117,  173 

Commissioner  of,   to  direct  repairs  of 136,  146 

Common  Council  to  direct  all  improvements  in 51,  53,    54 

Common  Council  to  direct  opening  of 43,  161 

contingent   fund   for  streets 119 

dirt,  garbage,  ashes  and  rubbish  to  be  removed  from 118 

division  of  city  into  districts  for  the  cleaning  of 117 

grade  at  intersection,   how   changed 151,  168 

grade,    how    established 151 

improvementri  of 51,  64,  161 

in  use  for  five  years  shall  be  deemed  public 168 

laying  out  or  opening  of 43,  51,  81,  161 

obstructions   in,    how   removed 43,    51 

occupying,   for  building  purposes 117,  172 

opening  of 43,  51,  81,  161 

opening  of,  for  tapping  mains 43,  139,  172 

original    improvement    of 53 

paving   of 53 

petition  of  one-half  feet  frontage  for  repaying  of 54 

petition  of  one-third  feet  frontage  for  paving  of 53 

powers  of  Street  Commissioner  over 146 

railroads  to  keep  clean,  certain  portions  of 173 

railroads  to  remove  snow  and  ice 173 

removal  of  ice  and  snow  to  be  regulated  by  Chief  of  Police..  117,  173 
removal  of  ice  and  snow  from  around  public  puildings  and  parks,  119 

repairs  of 119,  136,  138,  139 

repavement  of,   with  granite  blocks,   asphalt  or  vitrified  paving 

bricks 54 

repavement   of,    without   petition 54 

sum  of  $5,000  allowed  annually  for  repairs  of 138 

superintendents   of 145 

surface  of,  not  to  be  broken  without  permit 172 

surface  of,  not  to  be  opened  without  depositing  the  sum  of  ten 

dollars   with    commissioner 139 

to  be   sprinkled  and  swept 119 

within  city  limits  may  be  repaved  without  petition 54 

Street  Commissioner: 

appointment  of 76 

Clerk  of  Board  of  Contract  to  act  as  clerk  to 116,  145 

duty  of,   in  extraordinary  rei)airs 137 

injiy  appoint  city  l9.borers , , , , ; .  145 


808  Index  to  Charter. 

street  Commissioner — (Continued):  Page. 

may  appoint  superintendents  of  streets 145 

may  direct  repairs  in  emergencies 137 

may   employ   extra   laborers 145 

may   employ   teams 145 

may  grant  permits  for  opening  carriageway 172 

powers    of,    generally 144_147 

salary  of I44 

sum  of  $5,000  allowed  for  certain  repairs  annually 138 

sum  of  $500  for  keeping  of  a  horse I45 

to  accept  work  of  contractors  for  city 146 

to  begin  action  to  recover  damages  in  certain  cases 140 

to  cause  streets  to  be  cleaned  when  work  on  contract  lapses 109 

to  direct  the  removal  of  unsafe  buildings 50 

to    examine   streets    after   repairs 140 

to  file  contracts  with  Chamberlain 146 

to   fix  location   for  crosswalks 146 

to  furnish  items  of  expense  of  work 147 

to  give  notice  to  repair  streets 136 

to  keep  record  of  contracts I47 

to  keep  record  of  defects  in  street  lighting 147 

to  have  aid  of  the  police I47 

to  have  charge  of  lighting  the  city , I47 

to  have  service  of  the  Clerk  of  Board  of  Contract 116,  145 

to  locate  position  of  street  lamps I47 

to  make  repairs I37,  133 

to  receive  deposit  of  ten  dollars  to  open  street 139 

to   report   dangerous   walks I37 

to  report  failure  of  contractor  to  begin  work 112 

to  report  unsafe  buildings 51 

to  require  bonds  for  use  of  streets  and  drains 172 

to  superintend  all  work  under  Board  of  Contract 145 

to    supervise    repairs 13S,  139,  146 

to  verify  amount  of  work  done  by  contractors 131,  147 

Street  contingent  fund,  certain  expenses  to  be  paid  from 119 

Street  openings,  proceedings  in: 

appointment  of  commissioners  by  judge  of  Supreme  Court 162 

appointment    of    commissioners    made    on    application    of    Cor- 
poration  Counsel Ig]^ 

appointee  may  be  challenged 162 

awards  for  property  taken  for,  how  paid 164 

Board  of  Contract  to  assess  for  payment  of  awards 165 

City  Engineer  to  make  maps  for 148 

Common  Council  may  vote  to  take  any  ground  for  public  uses,  161 

compensation  of  commissioners  in 163 

copy  of  report  to  be  furnished  Board  of  Contract 164 

copy   of  report   of  commissioners   in,    to   be   recorded   in    county 

clerk's  office jg3 

deposit  of  certificates  of  award  for  land   taken 165 

deposit  of  certificates  of  infants 166 

leases,    how   affected    in I67' 

notice    of   first    meeting   of   commissioners    to    be    published    ten 

days 162 

notice  to  confirm  report  of  proceedings  in 163 

payments  of  awards  by  mistake,  how  recovered 167 

report  of  commissioners  to  be  made  to  Supreme  Court 162 

rules  of  proceedings  and  practice  in 167 

sale  of  buildings  on  acquired  l^nds  to  be  to  highest  bidder 167 


Index  to  Charter.  809 

street  openings,   proceedings   in  —  (Continued) :  Page. 

statement  of  costs  to  acquire  property  in 163 

streets  and  alleys  in   public  use  for  five  years  may,   by   vote  of 
Common   Council,    be  accepted   without 168 

Storage  of  explosives: 

city    may    regulate 44 

Fire  Commissioner  to  have  power  to  regulate  the 174 

Street  railroads: 

shall  keep  between  tracks  clean  and  free  from  ice  and  snow —  173 

shall  maintain  an  even  grade  on  streets 173 

shall  not   render  streets  impassable 173 

shall  pile  rubbish,  dirt  and  manure  in  heaps  for  cartage 173 

when  Chief  of  Police  shall  enforce  the  cleaning  of  streets  by —  173 

Subpoenas: 

Board   of  Audit   may   issue 83 

commission  trying  suspended  city  officers  may  issue 74 

Suits: 

against  the  city,  for  damage  to  property,  etc.,  how    brought 63 

agreement  to  settle,  to  be  submitted  to  Mayor 81 

amount  of  judgments  in,  to  be  paid  by  Chamberlain 82 

amount  of  judgments  in,  to  be  paid  in  the  order  of  recovery  in,    82 

by  city  to  recover  assessments 128 

by  city  to  recover  damages 112 

corporation  may  compromise,   in  the  interest  of  city 81 

costs  of  action  to  be  upon  claimant  in  certain  cases 64 

executions  not  to  issue  in  certain  cases 82 

judgments  in,  shall  be  reported  by   Corporation   Counsel 82 

may  be  brought  by   Street   Commissioner 140 

the  Mayor  to  recommend  settlement  of 81 

to    be    brought    forty    days    after    presentation     of     claim     for 
damages 63 

(See  claims  of  judicial  character.) 

for  collection  of  tax  by  County  Treasurer 100 

for  violation  of  fire  law 177,  179 

for  violation  of  ordinances 47 

to  recover  assessments  from  property  benefited 128 

to   recover   assessments   for   cleaning   streets,    from    street    rail- 
roads   173 

to  recover  awards  paid  by   mistake 167 

to  recover  damages  by  reason  of  change  of  grade 128 

to  recover  damages  from  contractors'   bondsmen 112 

to  restrain  erection  of  buildings  against  fire  law 179 

(See  Actions   and   Claims.) 
Superintendent    of    Alms-house: 

appointment  of 76 

by  virtue  of  his  office  to  be  Overseer  of  Poor 156 

clerk  of,  appointment  and  salary 155 

clerk  of,  to  have  office  in  city  of  Albany 155 

compensation   of  assistant   to 155 

deputy  of,   appointment  and  salary  of 155 

duties  of 154 

salary  of 154 

shall  appoint  assistants,  deputy  and  clerks 155 

shall  provide  his  own  table  from  Alms-house  fund 154 


810  Index  to  Charter. 

Superintendent  of  Alms-house  —  (Continued):  Page, 

shall  reside  at  Alms-house 154 

to   employ   paupers   on   Alms-house    farm 155 

to  give  his  undivided  attention  to  the  duties  of 154 

to  make  quarterly  statements 156 

to  purchase  all  supplies  for  Alms-house 155 

Superintendent  of  Streets: 

appointment  of , 145 

duties  of 145 

salary  of 145 

term   of   office    of 145 

Supervisors: 

election  of 206 

term    of   office   of 206 

to    deliver   assessment    rolls    to    receiver    of    taxes    on    December 

tenth  in  each  year 95 

to  levy  and  assess  the  amount  of  city  budget 59 

to    reassess    rejected    taxes 99 — 100 

Sureties: 

judgment  against,  for  damages 112,  141 

notice  to,   in  assessment  proceedings 142 

to  justify  in  double  amount  of  bid Ill 

when  to  be  sued 112 

Surveys  to  be  made  by  City  Engineer        148 

to  be  the  property  of  the  city 150 

Suspension  of  city  officers: 

all  appointive  city  officers  may,  on  the  Mayor's  written  charges, 

be  suspended 74 

city  to  pay  costs  when  officer  is  not  dismissed 74 

clerk  of  Common  Council  to  act  as  clerk  of  commission  to  try..  74 

commission   to  try,   how  constituted 74 

commission  to  try,  may  declare  office  vacant 74 

commission  to  try,  may  dismiss  the  official 74 

improper  behavior  during  trial  is  contempt  of  court 74 

majority  vote  to  rule  in  decisions 74 

Mayor   to   give   notice   to   Common    Council   of,    at    next    regular 

meeting 74 

notice  to  be  given  the  Law  Department  within  five  days 74 

president  of  Common  Council  to  give  notice  of  time  and  place 

designated 74 

Recorder  to  preside  at  trial  of 74 

ten  days'  notice  to  be  given  suspended  officer  or  his  attorney..  74 
the  Mayor  may  appoint  persons  to  perform  duties  of  suspended 

officer 74 

vacancy  may  be  filled  by   Mayor 74 

Supreme  Court  or  County  Judge  may  hear  proof  of  defect  in  work 

of  contract 142 

Supreme   Court,   Third  District: 

may  appoint  commissioners  to  appraise  property 161—162,  169 

may  confirm  or  modify  appraisements 163 

may  determine  when  leases  shall  cease 167—168 

may  make  rules  of  proceedings  to  acquire  lands 167 

may  order  payment  of  awards  to  guardian  of  infants 166 

may  receive  and  gonfirm  report  of  proceedings  to  acquire  lands,  163 


Index  to  Charter.  811 

T. 

Tax  budget:  Page. 

amount  of,  to  be  levied  by  Board  of  Supervisors 59 

awards  for  damages  to  be  included  in 82 

awards    for    damage    caused    by    change    of    street    grade    to    be 

included  in 165 

awards  for  payment  of  certain  contracts 69 

awards  for  taking  private  property  for  public  uses 165 

Board    of   Finance    to    prepare 105 

certificates     of     indebtedness     issued     for     emergencies     to     be 

included   in 57 

certificates   of   indebtedness    issued    to    pay    awards    in    eminent 

domain,    to  be  included   in 165 

Common  Council  to  certify  to  amount  of 59 

deficiencies    of    assessments    to    pay    interest    on    bonds,    to    be 

inserted   in 69 

Mayor  may  veto  or  reduce  items  of 42 

Mayor's  veto  may  be  over-ridden  by  four-fifths  vote 42 

shall  be  approved  by  Common   Council 42,    59 

shall  embrace  all  expenses  of  the  city  government 58,  59 

105,  lOG,  165 

shall   include   certificates   of   indebtedness 57 

shall  include  interest  on  city  debt 106 

shall  include  $35,000  for  sinking  fund 106 

to  be  certified  by  resolution  of  Common  Council 59 

to  contain  the  expenses  of  city  government 59,  105 

to  include  amount  for  street  cleaning 108 

to  include  $35,000  for  sinking  fund 106 

vote  necessary   to  pass 42,    55 

vote  necessarj'  to  pass  over  Mayor's  veto 42 

Tax  clerks: 

extra  clerks  to  be  employed  during  months  of  December,   Jan- 
uary and  February 94 

salary  of,  not  to  exceed  twelve  hundred  dollars 94 

shall    receive    compensation    fixed    by    Receiver    of    Taxes     and 
approved  by   Mayor 94 

Taxes: 

bond  of  Receiver  of,  for  faithful  accounting  of 93 

collection  of 93,  95,  100 

deductions  for  prompt   payment  of 95 

levied  for  specific  purposes,   to  be  so  applied 87 

notice  of  time   for  payment   of 95 

notice  of  unpaid,   at  April  first 95 

payment   of  $50,000,   before  January   fifteenth,    to   County    Treas- 
urer      93 

payment  of  State  and  county  tax  by  Receiver 93,    94 

publication  of  notice  to  pay 96 

Receiver  of  Taxes,  duties  in  collection  of 93 

records  of  payments  of  to  be  kept  by  Receiver  of 93 

sale  for  unpaid 91,  101 

service  of  notice  to  pay 96 

suit  for  collection  of,  by  County  Treasurer 100 

to  be  paid  to  Receiver  of  Taxes 93 

unpaid,  to  be  certified  to  County  Treasurer 96,    98 

warrant  to  collect,  to  be  signed  by  supervisors 95 

Taxpayers: 

how  to  proceed  to  vacate  assessments 140 

fifteen  may  file  sworn  charges  against  contractors 108 


812  Index  to  Charter. 

Taxpayers  —  (Continued) :  Page. 

may  have  copy  of  proceedings  of  Common   Council  on  payment 

of   ten   dollars 49 

may  have  copy  of  proceedings  of  Board  of  Contract 49,  116 

may   petition   for  street   improvements 53 

Tax  rolls  to  govern  ownership  for  the  purpose  of  assessments 121 

Teams  may  be  employed  by  Street  Commissioner 145 

Temporary  relief  of  poor,  how  provided  and  distributed 158 

Tenants: 

rights  of,  not  affected  by  assessments 125 

when  lease  of,  shall  cease 167 

Tenth   Ward,   boundaries   of 35 

Term    of   office: 

of  Aldermen 38,  206 

of  Assessors 77 

of  Clerk  of  Common  Council 39 

of  Supervisors 206 

of  Mayor ". 70 

of  Mayor's  appointive  city  ofHcers 76,    77 

Third  Ward,  boundaries  of 30 

Thirteenth  Ward,  boundaries  of 36 

Title: 

of  corporation  to  be  City  of  Albany 29 

presumptive  evidence   of,    under  assessment   sale 90,126 

to  be  acquired  by  certain  proceedings 161 

to  be  proved  by  owners  in  street  proceedings 165 

to  property 29 

Transfer  of  city  bonds 107 

Trustees  of  Sinking  Fund: 

general  duties  of 103 

how  constituted 102 

report  of,  to  be  made  on  Novem.ber  first  in  each  year 104 

to  have  charge  of  the  securities  of  the  city 103,  104 

Twelfth   Ward,    boundaries   of 85 

TJ. 

Unanimous  consent  of  Common  Council  to  pass  certain  resolutions,    B5 

Unknown  owners  of  property: 

assessments    made    against 119 

Chamberlain  to  deposit  certificates  of  award  for 165 

taken  for  city  purposes,  provisions  for 165 

Unlawful  advertising 49 

Unpaid  assessments: 

for  repairs 50,  67,  137 

for  sewers 65,  88,  125 

for   street   cleaning US,  173 

for   street    improvements 65,  88,  125 

redemption   from   sales   for ,       , 126 

sales  for ....  65,  124,  125 


Index  to  Charter.  813 

Unpaid  taxes:  Page. 

book  of  record  of,  to  be  kept  by  County  Treasurer 98 

Commissioner  of  Arrears  to  conduct  sale  for 88—92 

County  Treasurer  to  transmit  list  of,  to  Comptroller 101 

notice    to    pay 95—101 

proceedings   to   collect 88 

sales  for 89,  101 

suit  to  compel  payment  of 100 


V. 

Vacancy: 

In  Board  of  Aldermen,  how  filled 39 

in  elective  city  offices,   how  filled 75 — 76 

in  the  office  of  Mayor,  ho^v  filled 71 

when  special  election  must  be  held  to  fill  vacancies  in  Common 
Council 39 

Vacating  assessments: 

application  on  ground  of  fraud 141 

for  defective  work l-*2 

for   substantial    error 142 

hearing  on 142 

may  be  vacated  when  fraud  is  proven 142 

proceedings  in 140 

sureties  of  contractors  to  be  notified 141 

two  or  more  persons  may  unite  in  proceeding  for 144 

Vagrants,  street  beggars,  etc.,   city  may  restrict        44 

Validity    of   assessments 65 

Varnish,  storage  of,  to  be  regulated  by  Fire  Commissioners 179 

Vaults : 

construction,   repair  and  use  of,   vested   in  city 45 

Street  Commissioner  to  have  charge  of 146 

Vehicle  license  to  be  paid  to  Chamberlain 46 

Verification  of  accounts,   form  of 62 

Veto : 

proceedings  in 40 

must  be  filed  with  clerk 41 

shall  be  entered  in  journal 41 

shall  be  published 41 

vote  to  over-ride  issue  of  park  bonds 79 

vote  to  over-ride  item  In  budget 42 

vote  to  over-ride  ordinary  veto 41 

Violation    of   ordinances 47,    59 

Vote  of  Common  Council: 

four-fifths  of,  necessary  to  approve  extra  appointments  recom- 
mended by  Mayor 78 

four-fifths  to  over-ride  veto  of  item  in  budget 42 

three-fourths  to  appropriate  money  in  cases  of  emergency 57 

three-fourths,  for  appropriations  for  public  celebrations 55 

two-thirds  to  over-ride  ordinary-  veto 41 

two-thirds  to  pass  or  repeal  a  law  or  ordinance 56 

two-thirds    to    pass    resolution,    laws    or    ordinances    involving 

expenditure    of    money 55 


Sl4  Index  to  CHARTtm. 

w. 

Wages   of   city   laborers:  Page. 

to  be  two  dollars  and  twenty-five  cents 145 

extra  city  laborers  to  be  two  dollars  and  twenty-flve  cents 145 

to  be  paid  from  street  contingent  fund 145 

to   be   paid   semi-monthly 145 

Wards : 

boundaries  of 32—38 

each  ward  to  have  an  alderman 38 

election  of  officers  of 38,  206 

Warrant: 

may  be  issued  for  not  paying  for  cleaning  streets 118 

to  collect  taxes,  to  be  signed  by  Board  of  Supervisors 95 

Washington  Park: 

Board    of    Commissioners    to    certify    to    amount    necessary    for 

support    of 106 

bonds  of,  may  be  issued  on  authority  of  resolution 79 

bonds  of,  resolution  for  issue,  may  be  vetoed 79 

bonds  of,  vote  of  four-fifths  necessary  to  over-ride  veto 79 

Water  Commissioners  to  apportion  for  sprinkling  streets 120 

Water  main  connections,   deposit  for  making 139 

Water  rates: 

collection  of 94,    98 

to  be  entered  as  taxes,  by  County  Treasurer 99 

unpaid,   Commissioner  of  Arrears  to  prepare  schedule   of 88 

unpaid,    sale    for 101 

Weights  and   measures: 

appointment  of   inspector   of 76 

duties  and  salary  of  inspector ^. 160 

fees  for  inspection  of,  to  be  paid  to  Chamberlain 160 

Wells  and  pumps: 

digging,   making  or  filling  of 51,  146 

Street  Commissioner  to  have  charge  of 146 

Widening  of  streets,  proceedings  for 161 

Windows,    construction   of 178 

Wooden   buildings: 

not  to  be  constructed  within  fire  limits 176 

not  to  be  repaired  when  damage  by   fire   exceeds   two-thirds   of 
value 178 


INDEX  TO  STATE  LAWS. 


A. 

Academies.    (See  Public  Instruction.)                                                          Page. 
Albany  and  Susquehanna  Railroad,   authorizing  loan  to 510 

Alms-house: 

inquiry  as  to  persons  not  chargeable  to  county 547 

Institutions  receiving  from,   to  report 548 

overseers  of  poor  to  deliver  paupers,   lunatics,   etc.,   to  superin- 
tendent   543 

duty  as  to   children  liable  to  become  a   county   charge,   pro- 
ceedings  544 

duty  of,  as  to  persons  in  certain  towns  liable  to  be  a  county 

charge 546 

payment  to 546 

temporary  aid  to  indigent  persons,  record  to  superintendent, 

whom  to  include 538 

penalty  for  neglect   of  law 542 

residence,  time  passed  in,  not  to  be  counted  as 549 

superintendent,  amount  to  be  allowed 548 

duty  of 547 

quarterly  report 548 

property  of  pauper  lunatic,  idiot,  etc 549 

Annexation: 

of  part  of  Albany  to  town  of  Watervliet 312 

Bethlehem    and    Watervliet,   rights    of    inhabitants  of  annexed 

territory 312 

petitions  for  exercise  of  jurisdiction 311 

of  parts  of   the   towns   of 309 

taxation   in  connection   therewith 310 

territory  added  to  town  of  Guilderland 312 

Arsenal,  conveyance  of,  to  city  by  State 515 

Assessments 212 

legalizing  certain 232 

collection    of   interest 233 

lots  sold   subject  to 234 

Assessors : 

compensation,   three  dollars  per  day 212 

number  and  term  of  office 211 

oath  of  office 211 

qualifications    and    duties 211 

salaries  of 212 

vacancies 212 

office  of 218 

payment  of  salaries  by  Chamberlain 228 

Auction  sales  of  goods  at 509 


816  Index  to  State  Laws. 

B. 

Banks.     (See  Taxes  and   Assessments.)  Page. 

Bender  Hygienic  Laboratory,  transfer  of  real  estate  to 455 

Beaver  creek  sewer,  enabling  city  to  repair 278 

Bethlehem.     (See  Annexation.) 
Births.     (See  Health.) 

Boards: 

Contract   and   Apportionment 231 

Fire  Commissioners 352 

Health 316 

Park  Commissioners 415 

Police 326 

Public  Instruction 366 

Water 502 

Bonds,  enabling  the  trustees  of  the  sinking  fund  to  take  up  bonds 
issued  for  street  improvements 247 

Board  of  Contract  and  Apportionment,  authorized  to  make  certain 
amendments 247 

Boulevard,  Northern,  opening  and  construction  of 275 

Bridges: 

Lawrence  street,  appropriation   for 534 

Water  street,  construction  and  maintenance  of 313 

Water   street,   repayment   to   Chamberlain    of   cost   of   construc- 
tion   314 

Broadway    railroad    crossing 527—530 

Broadway,  from  De  Witt  street,  paving  of 232 

c. 

Canal  basin: 

authorizing    construction    of   basin   at    termination    of    Erie   and 

Champlain    canals,    general   provisions 381— 3S7 

clearance   and    improvements   of 387,391,394 

improving    navigation    of 394,  397,  398,  400 

for   the   protection    of   the   public   health    and    for   the   improve- 
ment of  Albany   basin 401 

Chamberlain,  payment  of  salaries  of  Assessors  by 228 

City  Court 457 

Justices'   Court,   changed   to 465 

abolishing  fees 462 

marshals,    appointment    of 467 

fixing   terms    of   justices 471 

City  Hall: 

rebuilding  of 519 

one-half  expense  of  maintaining  to  be  paid  by  city 621 

Clinton  avenue.     (See  Streets  and  Avenues.) 

Condemnation  of  lands.     (See  Contract  and  Apportionment.) 

Common  Council.     (See  Park,   Public  Instruction.) 

Contract  and  Apportionment: 

drains  and  sewers,   ratification  of  contracts  for 231 

inspectors    of    improvements,   Board    may    appoint,  duties  and 

compensation 429 

lands  may  be  taken  for  public  purposes,  procedure  and  damages,  231 


Index  to  State  Laws.  817 

Pa.  ere 
County  Treasurer:  ^  • 

duties  of,  as  to  collection  of  taxes 219 

may  employ  a  clerk 

Cortland  street,  laws  for  closing  of 552,  553 

Criminal  process.     (See  Police  Department.) 

Custom-house,  consent  of  State  to  the  purchase  of  land  for 517 

D. 

Deaf  mutes.     (See  Alms-house.) 

Deaths.     (See  Health.) 

Delaware  avenue.     (See  Streets  and  Avenues.) 

District  Attorney.     (See  Police  Department.) 

Doclis.     (See  Port  of  Albany.) 

Driveway,  public  (speedway) ^^^ 

Dudley  Observatory,  transfer  of  real  estate  to 449 

E. 

Elections: 

police  details    of,    for ^36 

order  at  polls 

violence  at,  how  punished ^^"^ 

Eminent  domain.     (See  Water  Supply.) 

F. 

Fire   Department: 

actions  against,  by  and  whom  are  to  be  brought 356 

Chamberlain  to  pay  bills  incurred  by  Board 355 

Chief  Engineer   and   assistants ^° 

duties  of 

to  inquire  into  causes  of  fires  and  issue  warrants i^t 

352 
Commissioners,    how    chosen 

Board  of,  of  whom  composed ^ 

appomtment   ot 

annual  report   to   Common   Council fy 

„.,^  aoi 

President „^. 

powers  and  duties  of 

^"oi'"'"-  ■ ; ;;;:;;;  sse 

removal  of „^ 

Secretary 2^2 

terms   of  office 

vacancies  in 

353 
Department,  what  to  constitute ^.^ 

discharge  of  firemen ^^^ 

hook  and  ladder  companies 

increase  of  number  of  companies ^^^ 

office,    tenure    of •  • ." ' " " ' ' ' 

relief  fund   of   disabled   firemen,    annual   allowance    from   msur-  ^^^ 

ance  company ■ ,„ 

deduction  from  monthly  pay  for  insurance  fund ^^^ 

relief  fund  of  disabled  firemen,  incorporation  of f^ 

.  .  ,305 

objects    of    corporation 

payment  to  members  who  have  served  ten  years ^^z 

payment  in  case  of  partial  disability ^  l 

payment  to  widows  or  children ^^- 

resignation  or  dismissal,   effect  of 

retirement  of  disabled  and  incapacitated  firemen iw 

52 


^18 


Index  to  State  Laws. 


Fire  Department  —  (Continued):  Page. 

repeal  of  certain  laws  relating  to 357 

steam  fire  engine   companies 353 

witness,  refusal  to  testify  a  misdemeanor,  proceedings  to  punish,  357 

Firemen,  distribution  of  certain  moneys  raised  by  public  subscrip- 
tion for  the  benefit  of  certain  firemen  killed  in  the  performance 
of  duty 364 

Fire  limits,  wooden  buildings,   erection   of 227 

First  avenue.     (See  Streets  and  Avenues.) 

Funded  debt: 

bonds,  surrender  of 534 

certificates 535 

how   executed   and   registered 535 

cancellation  of  bonds 535 

G. 

Government  Building,  consent  of  State  to  United  States  to  acqui- 
sition  of  lands 517 

H. 

Harbor-master.     (See  Port  of  Albany.) 

Hawk  street  viaduct,  act  authorizing  construction  of 559 

Health: 

acts  that  do  not  apply  to  this  city 321 

baths,   public    establishment    of 324 

Board  of,   to  be  appointed 316 

term   of  office 316 

employes 316 

duties  of 319 

crematory,  garbage,  purchase  of 328 

fines,   proceedings   for  collection   of 317 

general   expenses,   a  city   charg-e 320 

infectious  diseases 317 

nuisances 317 

officer,   powers  and   duties 316 

orders  and  regulations  of  Board 318 

penalties   for  violation  of  orders 319 

registration  of  births,  marriages  and  deaths 318 

registration    of    plumbers 321 

violation  of  rules,   orders,  etc 319 

warrants  for  apprehension  of  offenders 318 

Hearing,  public,  on  legislative  bills  relating  to  city 576 

House  of  Shelter.    (See  Infants.) 

I. 

Infants,  House  of  Shelter  and  St.  Vincent's  Orphan  Asylum,  com- 
mitment to 538 

Infectious  diseases.     (See  Health.) 

Inspectors  of  improvements.     (See  Contract  and  Apportionment.) 

J. 

Justices'  Court,  name  changed  to  City  Court  of  Albany 465 


Index  to  State  Laws.  819 

L.  Piige. 

Legalizing  certain  assessments  for  improvements 242 

Lighting  of  streets.     (See  Taxation  and  Assessment.) 
Lunatics.     (See  Alms-house.) 

M. 

McCarthy  avenue.     (See  Streets  and  Avenues.) 
Madison  avenue.     (See  Streets  and  Avenues.) 

Market,  public,  act  to  provide 554 

Marriages.     (See  Health.) 
Marshals.     (See  City  Court.) 
Mayor.    (See  Police  Department.) 
Mortgage.     (See  Taxes  and  Assessments.) 

N. 

National   Albany   Exchange   Bank,    providing   for   taxation   of  cer- 
tain shareholders 299 

Nuisances.     (See  Health.) 

0. 

Orphans.     (See  Alms-house.) 
Orphan  asylums.     (See  Infants.) 

P. 

Parks: 

title  in  all  city  parks  vested  in  Commissioners  of  Washington...  434 

Beaver,  acquisition  of  land  for 436 

Beaver,  enabling  city  to  borrow  money  to  grade 453 

Dudley,    acquisition    of   lands    for 451 

Great  Western  Turnpike,  portion  of,  conveyed  to  Park  Commis- 
sioners  252 

Washington,   acquisition  of  land 416,  427,  436 

bonds  of  city  for  lands  and  improvements 420,  429,  431 

commissioners,   powers  and  duties 415 

lands  set   apart   for 415 

legal  title  of  Commission 435 

organization   and   officers 417 

purchase  of  additional  lands 416 

sale  of  parade  ground 416 

trustees 415 

Paupers.     (See  Alms-house.) 

Pensions.     (See  Fire  and  Police  Departments.) 

Personal  property.     (See  Taxes  and  Assessments.) 

Pier: 

authorizing  increase  of  width  of 403 

extending  certain  opening   in 404 

Police  Department: 

establishment  of '. 326 

assembly  districts  not  to  be  changed.. 345 

Board  of  Commissioners   of 326 

how  constituted 326 

when  to  assume  control  of  department 328 

offices  of 332 


820  Index  to  State  Laws. 

Police  Department  —  (Continued): 

Board   of   Commissioners    of  —  (Continued):  Page. 

wlien   to    organize 328 

powers   and   duties 328 

to  receive   no  pay 327 

President  of,   Mayor  to  act  as 326 

quorum 327 

records   of  proceedings 327 

removal  of,  by  Common  Council 346 

secretary,    salary    of 327 

subpoenas  and  oaths,  power  of,  to  administer 332 

vacancies,    how   filled 327 

witnesses,   compel   attendance   of 332 

witnesses,    detention    of 334 

bonds  and  oath  for  faithful  performance  of  duty 336 

books   of    record 335 

by-laws    and    ordinances 333 

capital,    abolished 326 

force,  how  long  to  continue 344 

Chief,  annual  report  to  Common  Council 335 

Chief,   powers  and  duties 330 

quarterly    report    of 335 

salary  of 339 

clerks,    salaries    of 339 

complaint  books 335 

criminal  process,  expenses  and  fees 337 

traveling  expenses,   how  paid 337 

service  of 337 

detained  property,   how   delivered 341 

how   disposed   of 342 

how   used  as  evidence 343 

when  to  be  advertised  and  sold 342 

detectives 330 

District  Attorney's  officers,  how  appointed,  powers,  etc 343 

elections: 

details  for 336 

order  at  polls 337 

violence  at,   how  punished 335 

■  .;.  fines,  fees,  etc.,  payable  to  Chamberlain 341 

•  force,    of  what   composed 328 

appointment   of   members   of 328 

appointment,    warrant   of 336 

duties  of 333 

exemptions  from  jury  duty,   etc 334 

powers  of 329 

qualifications 328 

term   of   office 328 

vacancies  in,  how  filled 328 

information  for  Common  Council 332 

ordinances  of  city  to  be  enforced 343 

pension    fund,    establishing 347 

to  children 349 

of  what   to  consist 348 

to  permanently  disabled   members 349 

power    of    Board    to    retire,  dismiss    from    membership    and 

grant  pensions 348 

to  be  granted  only  on  surgeon's  certificate 350 


Index  to  State  Laws.  821 

Police  Department  —  (Continued): 

pension  fund  —  (Continued) :                                                                      Page, 
to    superannuated    members 349 

trustees  of 

to  widows,   terminate  on  remarriage ■i4J 

Police  Court,  appointment  of  patrolmen  to  act  at 345 

property   clerk,    duties   of ^^^ 

removals 

repeal  of  former  laws 

residence ^^2 

resignations 

rewards   and   presents 

special  patrolmen,  with  pay 

without  pay ^^^ 

station  houses 

Common   Council    to   i)rovlde f° 

.  i6i 

summary  arrests 

supernumerary  patrolmen 

suspensions  from  pay  or  duty ••■ 

tax   for  support   of 

Police  justices,  extending  and  abridging  term  of  office 350 

Poor,   statistics  relating  to 

Port  of  Albany: 

basin  authorizing  construction  of ^^^ 

docks  regulating  use  of ^ 

harbor-master,  appointment,   duties  and   powers 40y 

wharfage,    rate  of 

Public   Building   Commission 

Public  Instruction: 

Board  of,   constitution  of ^^^ 

annual  report  of,  to  Common  Council 3(0 

class   books,    etc ^^^ 

clerk,   appointment  of,   and  salary 3b7 

not  to  receive  pay  or  be  interested  in  contracts,  etc 367 

control  of  office  furniture 370 

first  meeting 

jurisdiction  and  powers 

new  territory  to  be  under  control  of ^'■* 

organization 

.  ,       .  at)7 

P^^^^*^^"* 369 

quorum 

removal    of    members 

school-houses,   acquisition  of   sites   for ^'^ 

examination   of  teachers f^l 

.„  obs 

vacancies  in 

buildings,   superintendent  of,   salary p 

Chamberlain,    duties    of ' 

to  receive  and  disburse  moneys ^'" 

Common  Council  to  pass  ordinances  protecting  school  property,  378 

free  academv  to  be  subject  to  visitation  of  regents 375 

high  school,  bonds  of  city  to  issue  for  payment  for  erection  of..  3(o 

sale   of  school   property 

stenographer,   appointment  of,   and   salary 
schools  free  to  residents 


377 
367 
370 

schools,  superintendent  of,  appointment  and  salary 367 

vocal   music 

relation  to  purchase  and  furnishing  School  No.  7 


379 


822  Index  to  State  Laws. 

Railroad  crossing:  Page. 

Broadway,  claims  for  damages 530 

improvement  of 527 

S. 

Schools.     (See  Public  Instruction.) 

Second  avenue.     (See  Streets  and  Avenues.) 

Sinlcing  funds.     (See  Taxes  and  Assessments,  Water  Supply.) 

South   Pearl   street.     (See  Streets  and  Avenues.) 

Special  Sessions 469 

St.  Vincent's  Orphan  Asylum.     (See  Infants.) 
State   street.     (See   Streets   and  Avenues.) 

Streets  and  avenues: 

assessments  for  improvements,  collection  and  sales 271 

Broadway,  north  of  De  Witt  street,  paving  of 232 

Clinton   avenue,   pavement  of 232 

Clinton  avenue,  issue  bond  for  pavement  of 267 

Central   avenue  improvements 281 

costs  of  paving   certain 232 

Delaware  avenue,   grading,   etc 258 

Delaware  avenue,   paving,    etc 260—263 

First   avenue,    paving,    etc 238 

Lake   avenue,    paving,    etc 288 

McCarty   avenue,   paving,   etc 238 

Madison  avenue,   pavement  of 238 

pavements,  lawful  to  use  granite  blocks  in  repairs 533 

Second  avenue,  draining,  etc.,  authorizing  issue  of  bonds 269 

South    Pearl    street,  authorizing    the    bonding    of    the    city    for 

improvements 256 

State  street,  paving,   etc 238 

Swan  street,  assessment  for  improving 235 

Ten  Broeck  street,  paving,   etc 238 

Third    avenue   improvement 291 

Western  avenue,  conveyance  to  Park  Commissioners,  improve- 
ments  and   assessments 238 

paving,  etc 238 

Myrtle  avenue.  Park  avenue,  Warren  street,  Mercer  street. 
Providence  street  and  Woodlawn  avenue,  assessment  for  open- 
ing reduced  and  confirmed 248 

Second  avenue  assessment  for  paving  vacated 251 

Supervisors.     (See  Taxes  and  Assessments.) 
Swan  street.     (See  Streets  and  Avenues.) 


T. 

Taxes  and  assessments: 

acts  relating  to,  repealed 225 

affidavits,   before  whom  taken 217 

assessments,  personal  property  held  by  trustees 214 

when  to  be   collected 212 

real  estate  held  by  trustees 214 

real  estate,  of  unknown  owners,  how  assessed 213 

real  and  personal  estate  to  be  assessed  separately 218 


Index  to  State  Laws.  823 

Taxes   and   assessments  —  (Continued):  Page. 

assessment  roll 212 

form   of   certificate 215 

completion,  notice  of  and  contents 216 

when  to  be  completed 215 

custody  and  open  examination  of 229 

when  to  be  delivered 218 

assessment  roll,  copy  to  be  delivered  to  Board  of  Assessors 218 

to  be  delivered  to  supervisors 218 

first   column,    names • 212 

fourth  column,  personal  property 213 

open   to    inspection 216 

second  column,   real  estate 213 

when   to  be  signed 217 

third  column,  value  of  real  estate 213 

when  to  be  delivered  to  Clerk  of  the  Board  of  Supervisors 229 

bank  shares,  assessment  on  shareholders  who  have  not  paid 236 

shareholders  may  apply  for  reduction  or  cancellation 215 

National  Albany  Exchange  Bank,   taxation  of  shareholders,  299 

notice  of  review  of  assessments  to  be  published 297 

payment  by  County  Treasurer  of  difference  on  reduction 230 

reduction,  certificate  to  be  sig'ned  by  Assessors 230 

supervisors,  to  add  amount  named  in  certificate  of  reduction 

to   tax  levy 298 

assessment   rolls,    legalized 296 

collection  of,   duties  of  County  Treasurer 

corporation,    when   assessed 215 

County  Treasurer  authorized  to  employ  clerk 225 

not  to  give  Comptroller  account  of  unpaid  taxes 219 

general  laws  of  State  relating  to,  when  applicable 224 

lands  imperfectly  described  to  be  reported  to  supervisors 220 

maps   to  be   filed   in   Assessors'    office   in  certain   cases,   penalty 

for  neglect 228 

money  to  be  raised  by  tax  for  certain  purposes 228 

police  force,   support  of 334 

property  in  hands  of  agent,  how  assessed 216 

real  and  personal   estate,   assessment  of   taxes   on,    to   be   sepa- 
rate and   distinct 215 

reduction,  admission  of  proof  of  erroneous,  other  than  affidavit,  214 

affidavit  of 215 

and  review  of  valuation 216 

of  town,  applicants  for,  to  be  examined  under  oath,  general 

proceedings 217 

rejected,  how  assessed,   correct  description 216 

Common  Council,  restrictions  on,  as  to  the  passage  of  local  laws,  219 

sales  of  real  estate  for  unpaid 221 

certificate 217 

certificate,  all  bids  to  be  paid  before  delivery 227 

certificate  to  new  purchaser 227 

conveyance,   how  made  and   witnessed 223 

deed,  fee  of  County  Treasurer  for 222 

deed,  when  purchaser  entitled  to 222 

expense   of,    how   paid 222 

invalid,   refunding  of  money 223 

mortgage  lien,  sale  not  to  affect 295 

mortgage  of,  if  payment  made  by  mortgagee  of  no  effect 295 

mortgage,  effect  of  non-payment  by  mortgagee 295 

mortgagee  and  purchaser  defined 296 


824  Index  to  State  Laws. 

Taxes   and    assessments  —  (Continued):  Page. 

moneys,    how   applied 223 

notice  to  mortgagee,  iiow  given... 296 

to  mortgagee,  by  purchaser 296 

purchaser's,  to  owner  or  occupant 296 

payment  by  purchasers 222 

proceedings  in  case  purchaser  neglects  to  pay 226 

publication    of   notice 221 

redemption   within  two  years 222 

resale,  when  to  be  made 226 

State  tax,  loan  for  deficiency 219 

extension  of  time  by  Comptroller 219 

whole  amount  of,  to  be  paid  to  Comptroller 219 

supervisors,  duty  of,  as  to  imposition  and  collection 220 

Assessors,  acts  of  two  to  be  valid 218 

office  of 218 

valuation,    rule   of 215 

warrants  returned  uncollected,  proceedings  in  case  of 220 

Ten  Broeck  street.     (See  Streets  and  Avenues.) 

w. 

Washington  Park.     (See  Parks.) 
Water  supply 

acquisition    of    lands 489 

Albany  Water-works  Company,   rights  of 481 

assessment  roll 480 

bonds,  issue  of,  interest,  scale  of  rates,  report 505 

bonds,   rate  of  interest 473 

by-laws   and   regulations 477 

Chamberlain,    drafts    on 476 

Commissioners,    appointment   of 472 — 502 

contracts,  conditional 488 

duties 472,  475,  4SS,  491 

duty  of,  as  to  construction 476 

powers  of 504 

report   to   Common   Council 473,476,488 

rules    and    regulations 483 

may  agree  with  owners  of  land 489 

to   receive  no  pay 477 

terms    of    office 503 

Common  Council  to  authorize  drafts  on  Chamberlain 491 

contracts,   how  executed 490 

how  made 475 

security  for 475 — 491 

contractors,  security  to  be  given  by 491 

damages,   how   paid 474 

disbursements  of  money,  how  paid 476 

loans.   Common  Council  to  raise 473,  484,  485 

moneys,   how   to  be  expended 474,  485,  486,  488,  493 

nuisances   to  be   abated 484 

pipes,  supply.  .  482 

lines,   when   extended 486 

plans  to  be  adopted  and  expenses,  how  estimated 473 

proceedings  in  case  of  disagreement  as  to  value  of  land  taken...  474 

proposals,   notice  of 475 — 491 

prevention  of  waste  of  water 506 

pumping  engine,  duplicate  parts  of,  to  be  purchased 500 


Index  to  State  Laws.  825 

Water  supply  —  (Continued):  Page. 

rates  and  rents 479 

application  of 477 — 507 

annual  report  to  Common  Council — 505 

collection  of 479 

deficiency 478 

hotel,    factories,    etc 479 

receipts  for,   how  applied 477 

scale  of 479,  505 

special 47S 

real  estate,  commissioners  to  take  charge  of 474 

repealing  acts 483,  508 

rules    and    regulations 477 

sinking  fund 492 

special  commission,  bids  and  contract 494 

business    and   reports 494 

expenses,   how  to  be   paid 496 

names,  powers  and  duties 493 

new  works,  bonds  for  erection  of 496 

organization,   officers  and   report 494 

standing  board,  not  to  action  under  certain  law 497 

standing  board,  when  may  proceed,   etc 498 

superintendents  and  assistants 496 

application   of   moneys 474,  488,  493 

Common  Council  may  raise  funds 473,  484,  485 

money  may  be  raised  by  loan 486 

when  payable 486 

streams,  purity  of  certain,   preserved 483 

streets,   right  to  use  of 476,  493 

superintendent,    appointment   of 503 

of  construction,   appointment  of 

survey  and  purchase  of  land 474 

taxes  and  assessments,  laws  relating  to,   in  force,   for  sales  for 

water  rents 487 

for  deficiency  in  annual  receipts 

title  to   lands   acquired 498 

proceedings   to   acquire 499 

works,   injury   to,   how  punished 474-490 

Watervliet,  supply  of,  by  Albany 486 

Watervliet.     (See  Annexation  Water  Supply.) 
Western  avenue.     (See  Streets  and  Avenues.) 

Woodlawn  avenue,  reducing  assessment 578 

Wharfage.     (See  Port  of  Albany.) 


INDEX  TO  ORDINANCES. 


Abandoned  wagons  to  be  conveyed   to  pulilic   pound 738 

Alleys,    construction    of   buildings   in 663 

width   of.   to  be  drained doo 

Alms-house: 

bond    of    Superintendent    of 608 

booths  for  sale  of  merchandise  or  liquors  prohibited   in 614 

care    of    indentured    children 611 

change   of  linen   twice   every   week  required   in 611 

children  in 610 

City  Physician  to  control  medical  department  of 613 

clothing    of    paupers 611 

cooking   not   allowed    in    paupers'    rooms 613 

dead  bodies  in,  not  to  be  sold  to  persons  outside  of  city 615 

defined   in   laws   and   ordinances 607,608 

discipline   of   paupers 610 

distribution   of  paupers  as  to  sex 609 

duty    of    attendants    in 612 

duty  of  Superintendent  as  to  cleanliness,  ventilation,  order,  fuel 

and    diet   in : 611 

employment   of  paupers   in 610 

expenses  of,   how  audited 583 

fires  and  lights  in,   to  be  extinguished  at  nine  P.   M.,   except  in 

hospital 613 

garden   of,    to   be  cultivated 611 

gardener    of 612 

general   regulations   of   609 

hospital  for  contagious  diseases  in   609,  613 

indentures    of    children    in 611 

Injuries    to    paupers    in 612 

inventory  of  property  in  to  be  filed  with  Mayor 615 

inventory  to  be  made  annually,  first  Tuesday  in  June 615 

liquors  not  allowed  in,   Except  by  phsyicians'   prescriptions 612 

nurses    and    schools    in 610 

pass-book   to   be   kept  by    Superintendent    of 609 

pass-book  to  show  monthly  expenses  of 609 

patients  affected  with   contagious   diseases 609 

paupers  to  remain   within  grounds   of 610 

penalty  for  furnishing  liquors  to  paupers  in 612 

penalty  for  offenses  against  regulation  of 614 

persons   having   contagious   diseases   to   be   removed   to   hospital 

for    such    diseases 609 

persons  not  to  receive  clothing  from  paupers  in 613 

police  to  arrest  persons  selling  merchandise  or  trespassing 614 

products  of  farm  not  to  be  sold  or  given  away 614 


828  Index  to  Ordinances. 

Alms-house  —  (Continued):  Page 

purchase    of    drugs    for gQg 

religious  worship  in,  at  ten  A.   M.  and   two  P.  M.,   Sundays 613 

removal  of  goods  by  officers  of  or  employe  of  not  permitted....  614 
rules    to   be    read    publicly    to    attendants    and    paupers    on    first 

Monday  in  month gj3 

Superintendent  to  have  care  and  custody  of  city  property  in 608 

Superintendent  to  have   charge  of 608 

Superintendent     to     make     quarterly     statements     to     Common 


Council. 


608 


Superintendent  to  make  rules   for  government  of 

Superintendent's    report    to    state   cost    per    day    of    maintaining 

each    pauper gO§ 

Superintendent's  statements  to  include  age,  sex,  nationality  and 

number    of    paupers    in gOg 

trespassing  on  grounds  of gl4 

visitors   allowed,   except   on   Sundays 612 

Alms,  soli<fiting: 

not    permitted    without    permission    of    the    Mayor 730 

penalty  of  two  dollars  for  first  offense;  five  dollars,  second,  and 
ten   dollars   thereafter   for 73O 

Ambulances: 

not  to  be  interfered  with   in  passage 726 

penalty,    fine    not    to   exceed    twenty-five   dollars    for   interfering 

with 726 

to  have   the   right   of  way 726 

Amusements: 

places    of 637 

academy   or  school   used   exclusively   for   instruction    in   dancing 

exempt  from  payment  of  fee 637 

armories  or  rooms  of  uniformed  military  companies  under  arms 

exempt 637 

automatic  sprinklers  in  places  of 639 

business  defined 637 

collection    of    fees 638 

control  of  lights 639 

employes   to  act  as   firemen 639 

exhibition  of  immoral  character  to  be  prohibited  by  the  Mayor..  638 

exits  in  case  of  fire  639 

fee   for   circus,    caravan,    menagerie 638 

fees  for  local  theatres 638 

fees  for  transient  performances 638 

fire   extinguishers 639 

license    fees 637,  638 

Mayor  may  refuse  to  grant  license  638 

Mayor  to  determine  amount  of  fees  638- 

Mayor  to   issue  license 637 

penalty  for  violating  ordinance   640 

police   to   be   stationed    in    places    of   when    the    Mayor    shall    so 

require   639 

revoking  license  of  places  of  amusement  638 

seats  in  aisles  not  to  be  permitted 639 

special   officers   to   be   appointed   by   Police    Board 640 

unsafe  buildings  not  to  be  licensed  for  public  amusements 638 


Index  lo  Ordinances.  829 

Page. 

Arc    lamps     743 

Arms  and  seal  of  the  city  of  Albany 73'J,  740 

date  of  adoption  of  common  seal  of  the  city 740 

defacement   of   former    city    seal 741 

Ashes  or  cinders   not   to   be   thrown   in   river 730 

Ashes  not  to  be   thrown   in   privies 667 

Assistant   Corporation   Counsel,    duties   of 591 

Areas: 

how   constructed 694 

how   to   open C94 

Auctioneers    681 

not    to    obstruct    streets 681 

to    pay    license    fee 681 

Audit: 

Board    of,   how    constituted 583 

books   of   Board    of 583 

meetings   of   Board   of 583 

officers    of    Board    of 583 

notices  of  meetings  of,  to  be  served  by  City  Marshal 584 

Awning-s: 

cloth   or  canvas  683 

stationary 682,683 

B. 

Balconies: 

how   constructed 6S3 

Ball   playing  prohibited    699 

Bathing: 

hours  prescribed   for 728 

fine  for  bathing  along  or  near  docks,  wharves  or  shore  of  river..  728 

Bay   windows 682 

Belgian   bridge   stone   688 

Bells: 

on  sleighs  required  680 

unlawful    ringing    of 728 

Bicycles: 

regulation  of   speed   of  745 

not   to  be   ridden   on   sidewalks 679 

tricycle,   velocipede,   etc,    to   carry   alarm   bells 745 

children  under  ten  years  of  age  may  ride  on  sidewalks,  etc 746 

lamps  to  be  lighted  when  bicycles,   etc.,   are  used   in   Washing- 
ton park 745 

no  more  than  two  persons   to  ride  bicycles,   etc.,   abreast 745 

penalty  for  violating  provisions  of  bicycle  ordinance 746 

persons  using  bicycles,  etc.,  to  sound  alarm  when  within  thirty 

feet  of  street   intersections   745 

rate  of  speed  of  bicycles,  etc.,  to  be  not  more  than  eight  miles 
an   hour 745 


830  Index  to  Ordinances. 

Bicycles  —  (Continued):  Page. 

repeal  of  former  ordinances   reg-ulating  the   use   of 746 

riding  abreast  in  streets,  avenues  or  parks 745 

riding,  prohibited  on  foot  paths  745 

riding    on    sidewalks    prohibited 745 

Bill  posters 619 

applicants  for  license  must  file  a  bond  of  $2,000  with  Mayor 619 

bills  not  to  be  posted  on  fence,  gate,   post  or  tree  box  without 

permission    of    owner 620 

bills    not   to   be   posted    on    lamp,    electric    railway    or    telegraph 

poles,    tree,    house   or   hydrants 620 

bonds   for,    conditions   of 619 

fee  of,  to  be  fifty  dollars 620 

former    ordinance    repealed 621 

license  must  expire  first  Tuesday  in  May 619 

licenses   not   transferable   620 

merchants   having    principal   place    of    business    in    Albany    may 

post  bills 620 

merchants  of  city   can  post  advertisements   of  things   produced 

or   manufactured   by    themselves 620 

must  obtain  license 619 

newspapers,   periodicals,   not  affected   by   this  ordinance 621 

penalty  for  violating  ordinance  620 

twenty-flve   dollars   fine   or  one   day's   imprisonment    in   jail    for 

each    dollar    of    fine 620 

Board   of  Audit: 

books  of 583 

Gity  Marshal  to  serve  notices  and  subpoenas  for 584 

how  constituted  583 

meetings  of  583 

officers    of 5S3 

powers   of 583 

Board  of  Contract  and  Apportionment 585 

Clerk  of,  duties  of  .  .   .  .    586 

duties    of 585 

how   constituted 585 

notices  to   be  published  by fcSa 

oflSce    of 585 

opening    of    bids 586 

powers   of  to   disregard   bids 586 

proposals  to  be  filed  with  587 

records  of 586 

repairs    ordered    by 587 

to  advertise  for  bids  for  public  improvements 585 

to  determine  the  quality  of  materials 587 

to  fix  amount  for  repairs  of  streets,  etc 587 

Board   of  Finance: 

books    of 584 

Clerk    of 584 

how  constituted 584 

powers  of 584 

rules  of 584 

to  show  bonded  indebtedness  of  city 584 


Index  to  ORDtNAkcES.  831 

Board  of  Finance  — (Continued):  ^^  • 

584 

when    organized gg^ 

where   to   meet 

Board   of   Health: 

to   receive   reports   from   District  Physicians 604 

to   regulate   removal   of   garbage 

584 
Board   of   Trustees  of  Sinking  Fund 

.  ,      .      e  584 

Mayor  to  be  president  of ^^ 

meetings    of 5g^ 

powers    of '   ' ' '  ^^ 

rules  of 

Bonds: 

bond  of  Superintendent  of  Alms-house '":::'::'  "I 

of  action   against   contractors   to   be    filed   with    Street 

691 


m  cases 


V^Ulllli»i^^*^»*^' cf\fi 

of    City    officers ^^ 

to  be  approved  by   the  Mayor 

to  be  filed   in  Mayor's  office •:■ 

to    be    executed    by    all   persons   intrusted    with    receipt    or    dis-  ^^ 

bursement  of  city  money 

to    be    executed    on    or    before    the    first    Monday    in    January, 

.    ,,  but) 

biennially 

Booths  for  sale  of  merchandise  or  liquors  prohibited  on  alms-house  ^^^ 

property    ^^ 

Bone  boiling,   bone   black ^^ 

Breach  of  peace,  penalty  for • ^^^ 

Breaking  carriageway  without   permit 

Brick    and    cement    sewers 

Bread: 

duty  of  Inspector  of  Board  of  Health  in  cases  of  suspected  vio-  ^^^ 

lation  of  ordinance  • :""' 

Mayor  may  enter  bake  shops  or  warehouses  and  try  the  weight  ^^_^ 

of  bread ........... 

Mayor  or  inspector  of  Board   of  Health   may   inspect   bakeries.  ^^ 

qX^q,  '* 

Mayor  or   Inspector   of  Board    of   Health    may    seize   bread    not 

made  in   accordance   with   ordinance '-^^ 

penalty    for    using    unwholesome    materials    in    the    making    of 

bread ' .'■■" 

search  of  premises  of  shops  or  bakeries  authorized  when   viola- 

tion   of   law    is   suspected 

to  be  made   of  good  wholesome   flour ^^ 

to  be  marked  with  figures  Indicating  weight ^^ 

to  be  marked  with  initial  letters  of  manufacturer 7^ 

unwholesome  materials  not  to  be  used  in  manufacture  of  bread,  721 
weight    of   bread 

Burials: 

not  permitted  east  of  Ontario  street ^^9 

of    contagious   cases 

Butchers: 

not  to  pollute  running  streams  with  offal,  etc 664 


832  Index  to  Ordinances. 

C.  Page. 

Canceling-  permits  to  make  water  connections 699 

Candles  or  uninclosed  lamps  not  to  be  used  in  carpenter  shops  or 

stables   (j4,s 

Care  of  indentured  children  in  alms-house OH 

Carriageways 587 

Carriag-es   not   to   remain   on   streets    more    than   one   hour   without 
permission gSO 

Carpenters  not  to  scatter  shavings   in  streets,   etc C48 

Cars: 

to  be  provided  with  fenders    716 

to  be   numbered  714 

to  be  stopped  so  that  rear  platform  of  car  may  be  over  further 

edge   of   cross-walk   713 

to  carry  tools  and  instruments  for  Street  Commissioner,   Board 

of  Health   and  City   Eng-ineer  717 

to  stop  at  street  intersections  715 

to    stop    when    intersections    are    more    than    five    hundred    feet 

apart    715 

Carts   and    cartmen 621 

bond   to   be   given   by C22 

cartman  to  be  a  resident  of  the  city,  citizen  of  the  United  States 

and   twenty-one  years   old 621 

carts  to  be  numbered  with  black  paint  on  white  ground C23 

carts   for   removal   of   ashes,    rubbish   or   swill   shall   have    tight 

and    covered    boxes 625 

distance    rates G26 

duplicate    numbers    unlawful 623 

entitled  to  legal  rates 626 

extortion  and  penalty  therefor 627 

failure    to    renew    license 623 

fish    wagons 627 

fish  wagons  to  be  specially  licensed 627 

licenses  cannot  be  assigned 623 

license  fee  to  be  one  dollar  for  one-horse  truck  or  cart 622 

licenses  for  to  expire  first  Tuesday  in  May  in  each  year 622 

may  carry  earth,   clay,  sand,  dirt  or  gravel  without  fee 622 

no  cart  or  truck  can   be   used,    unless   licensed 622 

no  sand  cart  or  truck  can  transport  any  other  article  on   pain 

of  penalty  of  five  dollars  for  each  offense 622 

not  to  back  cart  or  truck  upon  sidewalks 624 

not  to  drive  faster  than  six  miles  per  hour 624 

not  to   encumber  streets,    wharves,   docks   or   obstruct    the   pub- 
lic   travel 623 

not  to  turn  corners  faster  than  three  miles  per  hour 625 

penalty    for  not   keeping    number  distinctly   painted,    one    dollar 

for   each   day 623 

requirement  of,   in  case  of  accident  624 

sand  cartmen,    provision   as   to 622 

sand   carts   shall    have   S.    C.    painted   in   addition  to   name    and 

number 623 

schedule   of  prices   lawful   to   charge 625,  626 

special  rates 627 

to    be   licensed 621 


Index  to  Ordinances.  833 

Carts  and   cartmen  —  (Continued) :  Page, 

to  give  name,  number  and  residence  to  every  person  requesting..  624 

to  report  change  of  residence  of  to  Mayor 623 

two  dollars  for  each  two-horse  truck  or  cart  to  be  the  fee 622 

Carcasses    of    dead    horse,    cow,    hog,    dog    not    to    be    exposed    on 

662 

660 


streets. 


Carpets  not  to  be  shaken  on  streets,  alleys,   squares  or  parks. 

Cattle: 

not  to  be  watered  at  the  public  wells 728 

penalty    for   violating    provisions    of    ordinance    not    more    than 

twenty-five   dollars   for  each    offense 726 

routes    through    the    city 725 

sheep  or  swine  may  be  led  through  the  city  If  securely  fastened,  725 
sheep   and   swine  not   to   be   driven   through   streets   on    Sunday 

between  nine  A.   M.   and  five  P.  M 725 

subject  to  disease  not  to  be  butchered   for  food 666 

Cellar   doors ^82 

Certain  goods  not  to   be  sold   on  streets 677 

Chamberlain: 

account   books   to  be  kept  by 588 

bond   of ^^8 

checks  to  be   countersigned  by 589 

duties   of 588,  589 

grants,  leases,  etc.,  to  be  filed  in  office  of 588 

to  attend  meetings  of  Common  Council 589 

to    make    daily    deposits 589 

to  pay  by   checks   589 

to  report  to  Board  of  Finance  all  exhausted  funds 589 

to  report  to  Mayor  and  Common  Council  when  required 588 

Change  of  linen  twice  every  week  required  in  Alms-house 611 

Changes  of  location  of  posts  and  wires  to  be  reported  to  Chief  of 

Fire  Department "^■l 

Charts   showing   location    of   wires    to   be  filed   with    Chief   of   Fire 

744 

680 


Department.    .. 
Charcoal  wagons 


Chief  of  Fire  Department: 

to  have  charge  of  all  electric  light  and  power  lines 741 

may  enter  any  building  to  examine  condition  as  to  fire 654 

Chief  of  Police  to   require  reports   from   police   when  buildings  or 

repairs   are   begun ^^ 

Children  in   alms-house  610 

Cisterns  and  vaults  not  to  be  constructed  on  public  streets 694 

City  Building: 

designated  by   name   and   location 605,  615 

janitor   not   to   remove    city   property    from    605 

to  file  inventory  of  city  property  in,  with   the   Mayor 605 

to  make  an  inventory   of   property  in 605 

to  transmit  city  property  in,  to  his  successor 605 

lounging  on   stoops  or  hallways   of 615 

penalty    for    defacing 615 

53 


834  Index  to  Ordinances. 

City  Building-— (Continued):  Page. 

unlawful   acts   committed    in 615 

unlawful  to  sit  on  stoops  of 615 

writing,   daubing,   cutting,   breaking  or  defacing   walls   or   prop- 
erty of,  prohibited  615 

City  Engineer 593 

decision  of  as  fence-viewer  final   711 

duties   of 593.  594,  595 

maps,  profiles,  diagrams  made  by,  to  be  city  property 595 

office  of.  to  be  in  City  Hall 593 


powers    of. 


593 


shall  attend  meetings  of  the  Common  Council 595 

to  be  the  fence-viewer ''09 

to  give  grades,   stake  out  work  for  contractors 594 

to  give  grade  stakes  to  owners  desiring  to  do  their  own  work 594 

to  lay  out  streets,  etc 593 

to  make  all  maps  for  straightening  and  widening  streets,  roads. 

avenues,    parks    and    docks 593 

to  make  estimates   for  Board   of   Contract' 594 

to    make    estimates    for    filling,    excavating,    paving,     curbing. 

sewers,   drains   and   docks 594 

to  make  measurement  and   estimates   for  all   work   required   by 

the    Board    of    Contract 594 

to    make    profiles    and    mark    elevations    above   mean    low-water 

mark   of  Hudson  river  594 

to  report  levels  of  streets,  lanes  and  avenues 594 

to  survey  and  designate  range  of  streets  for  erection  of  build- 
ings   593 

when    Deputy    to   act   as 593 

Citv    Hall: 

designation   by   name   and   location 616 

lounging  in  entrance  of,  or  hall  of.  or  upon  stoop  of 616 

penalty  for  defacing  or  injuring 616 

unnecessary  noises   not   permitted   in 616 

City  Marshal 599 

duties    of 599 

powers  of 599 

to  act  as  sergeant-at-arms  of  Common  Council 599 

to  attend  meetings  of  Common  Council 599 

to  discharge  such  duties  as  are  required  by  Mayor  or  Common 

Council 599 

to  give  notices  of  committee  meetings  of  Common  Council 599 

to  give  notice  of  meetings  to  members  of  Common  Council 599 

to  have  authority  to  arrest  persons  for  disorderly  conduct 599 

to  remove  persons  from,  in  or  about  the  City  Hall  for  disorderly 
conduct 599 


City  officers: 


606 


official  bonds  of  

bonds   of,    to   be   executed    on   or  before    first   Monday    in   Janu- 
ary 606 


City  Physician: 

proceedings  in  cases  of  major  surgical  operation 602 

to  act  with  Board  of  Health 


603 


Index  to  Ordinances.  835 

City  Physician  —  (Continued):  Page. 

to  control   medical  department  of   Alms-house 613 

to  keep  book  of  purchases  603 

to  report  In  writing-  monthly  list  of  articles  purchased 603 

to  report  person  from  whom  purchased  and  prices  of  articles 603 

Cleaning:  of  fresh  fish  on  docks  and  wharves,  within  certain  limits.  662 
Clothing,   dry  goods,    tin  ware,   boots,   shoes,    hats,    hardware,    jew- 
elry,  cutlery,   stationery,   etc.,   not   to  be  sold   on  streets 677 

Clothing   of    paupers 611 

Clerk   of  Common   Council: 

appointment   of 591 

duties   of 591,  592 

office   hours   of 592 

requisition  to   be   made  by   heads  of  departments 592 

to   be  Clerk  of   Board   of   Finance 584 

to  be  Secretary  of  Board  of  Audit 583 

to   certify   to   bills   for   stationery   593 

to  furnish  stationery  to  city  offices 592 

to  give  notice  of  appointments _. 592 

to    keep   book   of    minutes 591 

to    keep    record    of    date    of    appointment    and    qualification    of 

Commissioners  of  Deeds  606 

to  keep  record  of    name    and    residence    of    Commissioner    of 

Deeds 606 

to   keep  vouchers,   memorandum   reports   and  papers 591 

to  prepare  proceedings  of  meetings 592 

to  provide  and  keep  an  index  of  laws  and  resolutions 591 

to  publish  abstract  of  meetings  of  Common   Council 592 

Coal,  cinders  and  oyster  shells  not  to  be  thrown  in  the  river 730 

Coal  dust  or  ashes  not  to  be  used  in  paving 688 

Cobble-stone    pavements 687 

Commissioner  of  Deeds  605 

Clerk  of  Common  Council  to  keep  record  of  persons  appointed, 

date  of  qualification  and  place   of  residence 606 

Clerk  of  Common  Council  to  notify  persons  appointed  as 606 

Clerk  of  Common  Council  to  prepare  blank  forms  of  application 

for    Commissioner    of    Deeds 606 

eligibility    of 605 

expiration    of   term    of   office   of 605 

failure   to  qualify   within   ten  days  deemed  a  refusal   to   accept 

office    606 

statement    of    application    for 606 

term     of    office     of 605 

Conductors: 

to  announce  names  of  streets 714 

to  give   their  names   to  passengers 714 

Consent  of  owner  of  property  to  erect  fruit  stands 681 

Construction: 

of    gTJtter     pipes 678 

of  walks  on   certain   streets  required 679 

Contents  of  gutters  not  to  be  discharged  on  sidewalks 678 

Contractors   for  removing  street   dirt 691 


836  Index  to  Ordinances. 

Page. 

Corporation  Counsel  590 

duties   of 590 

duties    of    Assistant    Corporation    Counsel 591 

to  be  custodian  of  books  and  papers 590 

to   be   legal   adviser   of   city    officers 590 

to   conduct  street   proceedings 590 

to  deliver  to  successor  in  office  all  papers  in  suits 590 

to  give  written  consent  of  substitutes  of  his  successor  in  office,  590 

to  prosecute  suits  for  recovery  of  penalties 731 

to   report   suits   commenced   and    defended 590 

Cotton-wood  trees: 

not   to   be   planted 665 

to  be  removed  after  reasonable  notice 665 

Cross  streets,   passage  to  be  clear 693 

Cross-walks 688 

not   to  be   obstructed  by  cars 713 

not  to  be  obstructed  by  vehicles 693 

to  be   open   to   pedestrians 693 

Curbs,  mode   of  construction   of 696 


Cutting   trees. 


701 


Cutting  wires   at   fires 743 

D. 

Dead  animals: 

not  to  be  cast  into  the  Hudson  river 666 

removing   bodies    of 667 

Dead  bodies: 

exposure    of •'59 

in  Alms-house,  not  to  be  sold  to  persons  outside  of  city 615 

not  to  be   taken  from  buildings  without  permit 668 

Death    from    small-pox,    etc.,    interment    to    be    within    twenty-four 


hours 

Department    of    Engineering, 
chief  officer  of 


..  659 
593 
593 

City  Engineer  to  attend  meetings  of  Common  Council 595 

deputy,    powers    of 593 

duties  of  officers   of 593,  594,  595 

Depth    of   gutters    prescribed 686 

Diseased   or    unwholesome   meats,    fish,    vegetables,    fruits,    poultry 

or   game ■ 

District  Physicians,  appointment  of  603 

district   of  city  for   each 603 

duties    of   ^* 

number  and  term  of  office  603 

salary  of   • ^^^ 

to  attend  the  meetings  of  Common  Council  and  Board  of  Health 

when    requested   ^^^ 

to  give  information  of  breaking  out  of  malignant  disease 6()4 

to  keep  a  record  of  visits 604 


Index  to  Ordinances.  837 

District  Physicians  —  (Continued):  Page. 

to  provide  and  administer  medicines  to  indigent  persons 604 

to  report  to  Mayor  and  Board  of  Health  quarterly  the  number 

of  poor  persons  attended 604 

to  report  number  of  visits  monthly  to  Board  of  Health 604 

to    report    offenses    against   the    laws    of    the    Common    Council 

intended   to   guard    against    small-pox,    etc 604 

to  report  to  Overseer  of  the  Poor  important  information 605 

Docks    and    wharves 702 

deepening  basins,    provisions    relative    to 705,  706 

driving    over    bridges 707 

fish,    oysters,    clams,    fruits,    etc.,    not   to   be   bought   or   sold    on 

docks  704 

hackmen  and  cartmen  crossing  bridges 707 

injuring  docks,   mutilating  or  defacing  piers 704 

masters  of  vessels   to   pay   wharfage 703 

meaning  of  the  word  vessel  707 

merchandise  not  to  be  sold  on  wharf 704 

notice  of  sale  of  vessels  seized  to  be  published   six  days  before 

sale 705 

notice    to    vacate    wharf,    dock,    slip    or    ba.sir,    to    l^e    given    to 

unknown  vessels  by  Street  Commissioner 705 

obstructions    on    wharf 704 

rates    of    wharfage 703 

removal  of  vessels  obstructing  basin,  by  Street  Commissioner 707 

Street  Commissioner  to  take  possession  of  unknown  vessels  in 

certain    cases    705 

sunken   vessels,    removal    of 706 

vessels   at    anchor 703 

vessel    defined 707 

vessels  may  be  sold  at  public  auction  by  Street  Commissioner..  705 
vessels  not  actually  employed  in  navigation  not  to  lay  at  docks..  705 

vessels  not  to  be  moored  or  fastened  to  bridges 707 

vessels  obstructing   the   basin 707 

wharfage  may  be  paid  by  day  or  by  season 702 

Dogs: 

running  at  large  unmuzzled  may  be  killed 661 

to  be  muzzled  between  July  and  September 661 

not  to  be  harbored  in  market 738 

Drains   and   sewers 719 

bond    to    be    given    to    save    the    city    harmless    from    damages, 

cost  or  loss  720 

duty  of  Street  Commissioner  in  connecting  private   with   publ'c 

drains  720 

license      to      connect      with      drain      to      be      issued      by      Street 

Commissioner  719 

list  of  licenses  to  be  kept  by  Street  Commissioner 720 

notice    to   be   given    to    Street    Commissioner    twenty-four   hours 

before  connecting  drains    719 

penalty  for  connecting  drains  without  permission  or  license 719 

revoking  license  to  connect  drains  in  certain  cases 720 

to  be  constructed  to  connect  with  privies , 667 


838  Index  to  Ordinances. 

Driving-;  Page. 

over  bridges  faster  thian  a  walk 728 

over  hose  at  tires  restricted  under  penalty 655 

over  incomplete  pavement 691 


E. 

Engineer,    City .593 

duties  593,   594,   595.   709,  711 

profiles,  levels,  surveys,  maps,  estimates  to  be  made  by 594 

shall  attend  meetings  of  Common  Council 595 

shall    be    the    fence-viewer 709 

Electric  companies: 

shall  file  with  Mayor  an  ag-reement  to  conform  to  city  ordinance 
before  constructing  lines 741 

erecting  posts  in  streets,  or  sidewalks  prohibited,  without  con- 
sent of  Mayor  or  Street  Commissioner 677 

cut-outs   to   be   provided 743 

erection    of   poles   or   posts 741 

Electric  lights    708 

additional  lamps  or  lights  may  be  ordered  by  Common  Council,  709 

contractor  to  keep  lamps   in   good   order 708 

cutting  down  or  injuring  electric  light  posts 709 

horses  not  to  be  tied  to  lamp  posts,   electric  light   post   or  any 

post   sustaining   electric   wires 709 

inventory  of   gas,    oil   and   electric   lights    to   be    made   annually 

by  Street  Commissioner   708 

lamps  to  be  kept  in  good  order 708 

penalty   for  injuring  or  breaking  lamps  and  lights 709 

protection   of  public   lamps  and  lights 708 

repair  of   lamps   without   delay 708 

Street  Commissioner  to  have  charge  of  gas  and  electric  lights,  708 

Electric  railroads: 

not  to  obstruct  streets  in  removing  snow  from  track 714 

drivers  to  stop  when  horses  become  frightened 717 

Explosive  oils  exceeding  fifty  barrels  not  to  be  kept  in  tank  or 
reservoir 655 

Explosive  substances,  oils,  etc.,  not  to  be  allowed  to  remain  in  cars 
within  city  limits  longer  than  forty-eight   hours 655 

Explosive  substances  to  be  kept  in  safe  place 649 


False  alarms  of  fire,  or  operating  police   signal  apparatus  without 

occasion 652 

False  weights  or  measures,   penalty   for  having  or  using 730 

Farmers  and  market  gardeners  exempt  from  license  as 646 

Farmers    and    market    gardeners    defined 735 

Fastening  horses 680 

Fees  to  be  paid  by  owners  of  oils,  fluids,  etc.,  inspected 657 

Fees  for  inspection  of  oil  to  be  fixed  by  Fire  Commissioners C57 

Feeding  cattle  or  swine  on  streets  prohibited,., ,  679 


Index  to  Ordinances.  839 

Page. 

„  709 

Fences 

appeal   from  decisions   of  fence-viewer  pl 

City  Engineer  and  Deputy  to  be  the  fence-viewers '<J9 

decision  of  Citv  Engineer  in  cases  of  fence  dispute  to  be  final..  711 


Deputy  Engineer  or  owners  may  designate  portion   of  fence   to 


be    maintained    by   each    owner 


710 
710 


disputes  between  owners  of  fences 

fences,   height  of  board  or  wooden 6&4 

fence-viewers 

fencing  of  vacant    lots    to  be  part    paid    for    by     owner   when 

.    ,  710 

occupied 

height  of  fences ' 

maintaining    partition     fences '^^ 

refusal  or  neglect  to  pay  proportion  of  expense  of  repairs 710 

value  of  fence  of  vacant  lot  to  be  ascertained  by  fence-viewer,  710 

Fenders: 

to  be  approved  by  Common  Council '|*^ 

to  be  placed  on  cars 

„       .  718 

Ferries    

extortionate  ferriage   prohibited "^19 

lessees   of   ferries   only,    to   convey   pasengers   or   freight   across 

718 

river 

penalty   for   extortionate  charges   for   ferriage 719 

penalty  for  Injuring  ferry  dock  or  property J18 

penalty   for  refusing  to  pay   rates   of   ferriage "18 

rights  of  lessee  of,  not  to  be  infringed  upon 718 

Finance,  Board  of 

how  constituted "^^ 

books  of , 

^.      1        ^  d84 

Clerk  of ^^ 

powers  of . 

t  r  0o4 

rules  of 

to  show  bonded  indebtedness  of  city ^°* 

when  organized 

where  to  meet 

673 

673 


Fire-alarm  telegraph 


duplicate  keys   for  signal  boxes 

false  alarms  a  misdemeanor 

injuring    signal    boxes 

misdemeanor  for  tampering  with  signal  boxes 673 

Fire  apparatus  to  have  the  right  of  way  to  fires 655 

Fire  limits 652,653 

Fires: 

651 

647 


not  to  be  kindled  in  streets. 


not   to  be   kindled   in   yards 

650 
Fireworks,   firing  cannon 

Fish: 

not  to  be  sold  in  quantities  less  than  two  hundred  pounds 739 

sale  of,  regulated  704,  739 

727 
Furious  driving 


840  Index  to  Ordinances. 

G-.  Page. 

Garbage,    removal   of  • 669 

application  for  license  to  state  residence  of  applicant 670 

Board  of  Health  to  regulate  removal  of  garbage 669 

carts  and  vehicles  for  collecting  garbage  to  be  -water-tight 670 

carts  and  vehicles  to  be  marked,  "Licensed  Garbage  Collector"..  670 

collectors  of  garbage   not  to  be  offensive 671 

collectors    to    be    licensed ; 669 

collectors    to    regularly    call    at    dwellings 671 

districts    for    collections    of    garbage 672 

fees  for  license  for  collecting  garbage  to  be  five  dollars  for  each 

vehicle    670 

former    ordinances    repealed 672 

garbage    not   to    be    mixed    with    filth,    ashes,    tin    cans,    bottles, 

etc   672 

licenses  granted  after  May  1,  1893,  to  expire  May  1,   1S94 670 

no  deposits  of  garbage  to  be  made  within  vacant  lots 671 

no  offal  to  be  placed  on  streets 672 

owners  to   provide  receptacles  for  garbage 671 

times   of   collection  of  garbage 672 

General    miscellaneous    provisions 726 

breach   of   peace,   penalty    for 727 

driving  over  bridges  faster  than  a  walk 728 

furious  driving  727 

horses   running   at   large 727 

horses   standing   without   being   secured 728 

Idlers    at   church    doors   prohibited 727 

idlers  on  sidewalks,   streets,   bridges,    prohibited 727 

idlers    on    stoops    without    consent    of    owners,    prohibited 727 

lawful   for  any   person   to  stop   horses   going   at   an  immoderate 

gait 728 

penalty    for    idling 727 

police  justice  to  cause  horse,  etc.,  running  at  furious  rate  to  be 
detained 728 

Goods: 

or  merchandise  not  to  be  exposed  for  sale  on  Sunday 725 

not  to  be  sold  on  streets 681 

sold   at   auction,     not    to     occupy     streets     more   than  one   hour 
after  sale 682 

Gongs: 

to   be   placed   on  cars 717 

to  be  sounded  on  approaching  street  crossings 717 

Grades: 

not   to  be  changed 696 

of  streets 681 

to   regulate  curb   height 686 

Granite  block  pavements 687 

Grates: 

to  vaults,  mode  of  construction  of 695 

to  vaults  or  cisterns  not  to  be  removed 696 


841 

Guards    on    roof   of   buildings 


Index  to  Ordinances. 

Page. 

729 

729,  730 


penalty   for   not  having  guards   on   roofs • 

roofs  of  tin.  glazed  tile  or  slate  to  have  guards.  .^...^ ^^ 

Street  Commissioner  to  cause  the  erection  of  roof  guards -30 

678 

Gutters 

H. 

627 

Hackney  coaches  

attending  funerals,   east  of   Robin   street,   two   dollars 630 

badges  to  be  furnished  at  expense   of   hackmen,    not   to   exceed  ^^^ 

two    dollars    ' '"" 

baggage  amounting  to  128  pounds  may  be  charged  for  at  same  ^^^ 

rate    as    passenger ^^^ 

construction   of  words,    cab   and    coach 

disputes  to  be  settled  by  the  Mayor ;",V": 

distance  from  hack  stand   to  take   up  passengers  shall  be   con-  ^^^ 

sidered    part    of    distance 

drivers'  badges  to  be  worn  in  conspicuous  place  ;   J^« 

driver's  license  fee  to  be  one  dollar 

driver's  license  may  be  transferred  by  Mayor ^^ 

driver's   license    qualification " 

driver  may  drive   any   hack   of  owner 

drivers   to  be  vouched   for   by   owners 

, .  bZo 

duration    of    license 

fare  may  be  demanded  on  entering  coach o^-^ 

for  use  of  carriage  one  dollar  first  hour  and  seventy-five  cents 
every  additional  hour,   with   privilege   of  use  from  8  a.   m.    to  ^^^ 
6  p.   m.   for   eight   dollars 

hackman,  may  refuse  to  convey  persons  who  refuse  to  pay   on 

,  Mi 

entering    coach 

influencing  or  persuading  passengers  to  go  to  any   house,   boat 

or  place  other  than  to  which  he  desired  to  go ^^^ 

license    fees    to   be   five   dollars   for    two-horse    conveyance,    and 

three  dollars  for  single-horse  conveyance o^».  ^^^ 

licensed  hackman's  badge  to  be  furnished  by  Clerk  of  Common  ^^^ 

Council ■■■. 

list  of  licensed  hackmen.  name,  residence  and  number  of  license 

to  be  kept  in   Mayor's   office   •• 

list  of  licensed  hackmen   to  be  furnished   to  each  police  station  ^^^ 

house    g^g 

Mayor  may  revoke  license  of - 

Mayor  may  transfer  owner's  license   °^ 

Mayor   to    administer    oath 

misrepresenting  distances        J""coi 

neglect  or  refusal   to  keep   in  legible  condition,   license   card....'Wi 
neglect    or  refusal   to   place   permanently    in    conspicuous    place 

inside  vehicle  the  name   and  number  of  license 631 

neglect  to  post  conspicuously   on  outside   of  vehicle,    name   and 

number  of   license 

not  exceeding  three  miles,  but  more  than  two.  one  dollar bdu 

official  hack  stand  to  be  east  and  west  side  of  Broadway  between 

State  and   Maiden  lane •• ;•••  ^29 

over  one  mile  and  not  exceeding  two  miles,  seventy-five  cents..  630 
owner's  license   fees   


842  Index  to  Ordinances. 

Hackney   coaches  —  (Continued):  Page. 

owner's    license    qualifications    627 

owners    personally    liable 633 

passengers   must   not   be   solicited 633 

penalty  for  acting  as  runners,   first  offense  five  dollars  and   ten 

dollars    for    each    subsequent    violation (333,634 

penalty  for  certain  refusals  or  omissions 630 

penalty  for  demanding  greater  prices  than  those  established 631 

penalty  for  driving  after  revocation  of  license  to  be  twenty-five 

dollars    , 629,632 

penalty  for  violation   of  ordinance 628,  629,  630,  631 

rates  for  use  of,  list  of  prices,  etc 629,  630,  631 

refusal  to  convey  persons  to  any  point  within  north  and  south 

bounds   of  the  city 630 

runners  or  persons  soliciting  persons  to  take  any  public  convey- 
ance  not   permitted 633 

to    Alms-house    and    back,    detaining    carriage    one    hour,    two 

dollars    630 

to  keep  the  name  of  any   hotel,   tavern   or  public   house  or   any 

boat  or  railroad  line  unless  vehicle  shall  belong  to,  prohibited,  631 
to   Penitentiary,    detaining  carriage   one-half   hour,    seventy-five 

cents    630 

to  permit  persons  under  twenty-one  years  to  drive,  prohibited..  631 
to  snap  or  flourish  whip  while  awaiting  passengers,  prohibited..  631 
within    paved    streets    not   exceeding    one-mile,    each    passenger 

twenty-five    cents 630 

Hand  sleds 680,  700 

Hanging  advertisements 684 

Hay  and  straw: 

in   greater   quantities   than    ten   tons   to   be   kept    within    certain 

limits 657 

and  other  combustible  materials,  how  and  where  kept 648 

Health    and    property 647 

burning  out  chimneys  within  fire  limits,   prohibited 654 

carpenters  not  to  scatter  shavings  in  streets 648 

Chief  of  Fire  Department  may   enter  any   building   to   examine 

condition    as    to    fire 654 

Chief  of  Police  to  require  reports  from  police  when  buildings  or 

repairs   are  begun 654 

driving  over  hose  at  fires  prohibited  under  penalty 655 

duties    of    oil    inspectors 656,  657 

erection  of  wooden  buildings  within  fire  limits 652 

explosive  oils  exceeding  fifty  barrels  not  to  be  kept  in  tank  or 

reservoir   655 

explosive  substances,  oils,   etc.,   not  to  be  allowed  to   remain   in 

cars  within  city  limits  longer  than  forty-eight  hours 655 

explosive  substances   to  be  kept   in  safe  place 649 

false  alarms  of  fire,  or  operating  police  signal  apparatus  without 

occasion   652 

fees  for  inspection  of  oil  to  be  fixed  by  Fire  Commissioners 657 

fees  to  be  paid  by  owners  of  oils,  fluids,  etc.,  inspected 657 

fences,    height   of   board   or   wooden 654 

fire  apparatus  to  have-the  right  of  way  to  fires 655 

fire  limits 652,  653 

fires  in  yards  or  out-houses  not  permitted 647 


Index  to  Ordinances.  843 

Health  and  property  —  (Continued):  Page. 

fires  not  to  be  kindled  in  streets 651 

fireworks,    firing   cannon 650 

hay  and  straw   in  greater  quantities  than   ten   tons   to   be   kept 

within    certain    limits 657 

hay,    straw    and    other    combustible    materials,    how    and   where 

kept   648 

license  to  retail  kerosene  oil  or  any  product  of  petroleum  to  be 

granted  by   Fire   Commissioners 656 

lighted  candles  or  uninclosed  lamps  not  to  be  used  in  carpenter 

shops  or   stables 648 

Mayor  empowered  to  remove  barrels  from  sidewalks,  etc 657 

Mayor  or  Board  of  Fire   Commissioners   to   compel  removal    of 

dangerous,   explosive   materials 649 

Mayor  to  nominate  an  inspector  of  fluids  and  oils 656 

no  fluid  or  oil  to  be  drawn   from  barrel  or  cask   during  candle 

light  656 

no  more   than   fifty  barrels  of   combustible   oil    permitted    to   be 

kept   on   sidewalks    651,655 

not  more  than  fifty  packages  of  oils,  etc.,  permitted  to  be  kept  in 

yard  lot  or  in  buildings,    etc 651,  655 

oils  emitting  inflammable  vapor  below  150  degrees  Fahrenheit,  or 

110  degrees,   fire  test,  shall  not  be  stored  in  city 656 

one  barrel  of  oil  may  be  kept  in  part  of  dwelling  building 656 

penalty  of  ten  dollars  imposed  where  fires  in  yards  of  out-build- 
ing are  not  connected  with  chimneys 648 

penalty  for  keeping  unslaked  lime   without  permit 649 

penalty  for  obstructing  way  to  fires  of  fire  apparatus   655 

penalties  for  violation  of  requirements  of  ordinance 650,  657 

police  to  take  fire  department  badges  from  persons  and   return 

same    to    headquarters 654 

removal  of  oils,  etc.,  may  be  directed  by  Mayor  or  Board  of  Fire 

Commissioners   651 

reports  of  police  to  be  sent  to  Chief  of  Fire  Department 654 

shavings  to  be  stored  in  safe  place 648 

storage   of  explosive  substances 655,  656 

storage  of  gunpowder 650 

storage  of  oils,  kerosene,  benzine,  naphtha 651,  655 

unslaked  lime  not  to  be  kept  in  city,  except  on  permit 649 

vessels  loaded  with  powder  or  dangerous  combustibles  to  lie   in 

the    stream    649,  650 

wearing  badges  of  fire  department  without  permission,  unlawful,  654 

hydrants  not  to  be  unlocked  except  by  persons  authorized 730 

fire  stops  and  stop-cocks  not  to  be  tampered  with 730 

penalty  for  meddling  with  hydrants,   etc 730 

Hides,   how   to  be  handled 660,  661 

Hindering  the  repairs  of  streets 692 

Hospital   for   contagious   diseases 609,  613 

Horses 680 

lawful  for  any  person   to   stop  horses   going  at   an   immoderate 

gait 728 

running  at  large 727 

horse,  etc.,  running  at  furious  rate  to  be  detained 728 

standing   without   being  secured 728 

House   drains,    how   constructed 688 


844  Index  to  Ordinances. 

Hydrants:  Page. 

fire  stops  and  stop-cocks  not  to  be  tampered  with 730 

not  to  be  unlocked  except  by  persons  authorized 730 


I. 

Ice  merchants  and  their  agents 700 

not  to  deposit  ice  on  sidewalks 700 

required   to  convey  ice  within   buildings 7OO 

Idlers: 

at   church   doors,    prohibited 727 

on  sidewalks,  streets,  bridges,  prohibited 726 

on  stoops  without  consent  of  owners,  prohibited 727 

in   market,   prohibited 738 

penalty   for   idling 727 

Improper  levels 697 

Incandescent  lamps 743 

Incompleted  pavements  not   to   be  driven   over 691 

Injuring  streets,  drains 676 

Interfering  with   Street  Commissioner  in   discharge  of  duties 676 

Injuring  doors,  porch,   stoop,  door,  gate,   well,  pump  or  tree 729 

throwing   stones,    mud,    tar,    oil    or   grease    at    public    or   private 
work  or  improvement  incurs  penalty  of  five  dollars 729 

Inspectors  of  oil.     6.56,657 

Inspector  of  Markets: 

bond    of   and   duties 738 

to  have  exclusive  charge  of  the  Public  Market 733 

to  make   monthly   statements   to   Common   Council 734 

appointment   of 733 

bond  of,  to  be  filed  with  Chamberlain 733 

salary  of 733 

Inspector  of  Weights  and  Measures 601 

duties    of 601 

certificate  of,  must  contain  list  of  prices 602 

fees  shall  be  a  lien  upon  measures  until  same  are  paid 601 

fees  to  be  charged 601 

may  sue  in  the  name  of  the  city  to  recover  amount  of  fees 601 

persons  using  weights,    scales   or   measures    not   conformable    to 

law  punishable  by  fine  of  five  dollars  for  each  offense 602 

reports    of,    to    contain    name    of   person,    date    of   payment    and 

amount    of    fees 602 

salary  of,   to  be  $300  per  annum 602 

schedule  of  charges  to  be  collected  by 601 

shall  make  under  oath  quarterly  report 602 

shall  prosecute  all  violation  of  ordinance 602 

to  have  custody  of  the  public  weights  and  scales 601 

to    inspect    all    weights,    scales,    measures    once    in    every    six 

months    601 

to  inspect  beam  scales,  weights  and  measures  under  direction  of 

the   Mayor  or  Common  Council 601 

to  pay  amount  of  fees  collected  to  Chamberlain 602 

to  visit  markets,  shops,  vessels,  sloops,  boats 601 


Index  to  Ordinances.  845 

Inspector  of  Weights  and  Measures  —  (Continued):  Page. 

weights  must  be  stamped  and  marked  by  inspector 602 

weights    of    apothecaries    are    excepted    from    requirements    of 

ordinance    602 

weights  used  to  defraud,  subject  to  penalty 602 

may   examine   weights  and   measures    in    market    once    in    three 

months 737 

powers  of,  with  respect  to  market  weights 737 

Inventories,    reports,    etc 744 

copy  of  inventory  of  city  property  to  be  filed  with  City  Cham- 
berlain      744 

every  city  officer  having  charge  of  city  property  to  make  annual 
report    of    same 744 

Inventory  setting  forth  actual  value  of  city  property  to  be 
transmitted    to    Common    Council 744 

reports  to  contain  Inventory  of  city  property 744 


T. 

Janitor  of  City  Building: 

shall  not  remove  city  property 605 

shall  on  June  first  file  an  Inventory  of  city  property  in  Mayor's 

office    605 

shall  transmit  all  city  property  to  his  successor 605 

Junk  Dealers    634 

badges  to  be  worn  by 636 

bond   to   be   $250 634 

fee  of  three  dollars  for  each  cart  or  wagon  used  by 634 

former    ordinances    repealed 636 

license  fee  to  be   twenty-five  dollars 634 

must  be  citizens  of  the  United  States 634 

must   designate   place   of   business 634 

no  junk  dealer  shall  receive  any  article  In  pledge  or  pawn 635 

no  person  shall  deal  in  junk  without  paying  license 635 

not   to   act   as   pawnbrokers 635 

not   to   purchase   articles   from   minors 635 

not  to  purchase  junk  between  sunset  and  7  A.  M 635 

penalty   for   violation   of  ordinance 636 

removal    of   place   of   business 635 

signs  on   place  of  business 635 

to  report  to  Chief  of  Police  articles  purchased  and  name   and 
residence  of  person  selling 635 

Kerosene  and  other  oils: 

license  to  retail  kerosene  oil  or  any  product  of  petroleum  to  be 

granted    by   Fire    Commissioners 656 

no  fluid  or  oil  to  be  drawn  from  barrel  or  cask  during  candle 

light 656 

no  more  than   fifty  barrels  of   combustible  oil  permitted   to   be 

kept  on  sidewalks 651,655 

not  more  than  fifty  packages  of  oils,  etc.,  permitted  to  be  kept 

in  yard  lot  or  in  buildings,   etc 651,  655 

oils  emitting  inflammable  vapor  below  150  degrees  Fahrenheit,  or 

110  degrees,  fire  test,  shall  not  be  stored  in  city 656 


846  Index  to  Ordinances. 

Kerosene  and  other  oils  —  (Continued):  Pa^e 

one  barrel  of  oil  may  be  kept  in  part  of  dwelling  building  656 

removals  of  oils,   etc.,    may   be  directed   by   Mayor  or   Board   of 
Fire    Commissioners 


Kites. 


Lamp,   gas  and  electric   lights 

additional  lamps  or  lights  may  be  ordered  by  Common  Council. 


651 

680 


709 
708 
709 

709 


708 
709 
708 


contractor  to   keep  lamps   in   good   order 

cutting  down  or  injuring  electric  light  posts 

horses  not   to  be  tied   to   lamp  posts,   electric '  light   post   or  any 

post   sustaining   electric    wires 

inventory   of   gas,    oil    and    electric   lights    to    be    made   annually 

by  Street  Commissioner 

lamps  to  be  kept  in  good  order 

penalty  for  injuring  or  breaking  lamps  and  lights 

protection  of  public  lamps  and  lights '^" 

repair  of  lamps  without  delay 

Street  Commissioner  to  have  charge  of  gas  and  electric  lights..  708 
lamp  posts ^Qj 

Law    Department 507 

how    constituted 5gy 

meetings    of gg^ 

reports  of,  made  to  Common  Council 5^7 

Laying  of  public  drains 092 

Laying  of  tracks 7J3 

Licenses: 

amusements (-,37    ggg 


auctioneers. 


681 


bill  posters (;i<)^  g2o 


cartmen. 


622 

fish  peddler g27 

hacks,  driver g2g 

hacks,  owners g29 

junk   dealers g34 

moving  buildings 701 

pawnbrokers g4() 

peddlers g45 

plumbers _ g97 

venders g45 

wharfage 


703 

Lighted     lamps     over     vaults      and      cisterns      during      course      of 

construction ggp 

Lights   on  buildings   being  removed 701 

Lime  not  to  be  used  for  the  removal  of  snow  from  tracks 713 

Littering   the     streets,     parks     or     squares     with     papers,    pictures 

or  rubbish g77 

Loose  cobble-stones   in   streets 697 


Index  to  Ordinances.  847 


K.  Page. 

Markets 732 

abandoned  wagons  to  be  conveyed  to  public  pound 738 

appointment   of   Inspector  of   Markets 733 

arrangement    of   wagons    prescribed 738 

bond  of  Inspector  of  Market  to  be  filed  with  Chamberlain 733 

copy   of    market   ordinances  to    be   posted   in    some    conspicuous 

place  in  market  739 

disturbances    or   improper   diversions   prohibited 737 

dogs  not  to  be  harbored   in  market 738 

farmers  and  market  gardeners  defined 735 

fish  not  to  be  sold  in  quantities  less  than  two  hundred  pounds..  739 

forfeited  leases  to  revert  to  the  city  and  relet 736 

free  stands  for  exclusive  use  of  farmers 735 

idlers    in    market,    prohibited 738 

Inspector  of  Market,  bond  of  and  duties 733 

Inspector    of    Market    to    have    exclusive    charge    of    the    Public 

Market   733 

Inspector  of  Markets  to  make  monthly  statements   to  Common 

Council 734 

Inspector  of  Weights,   etc.,  may  examine  weights  and  measures 

in  market   once   in   three   months 737 

leases  of  stands  to  run  for  one  year 736 

leases    of  stands   not    to   be   sold,    underlet    or   assigrned    without 

permission  of  Market  Committee 735,  736 

leases   to   be  recorded   in   Mayor's   office 736 

lease  to  specify  the  space  and  market  map  number 735 

map  of  market  stalls  and  stands  to  be  made  by  City  Engineer..  735 

Market   Committee   to    lease   stands 735 

Market  Committee  to  designate  stands  for  use  of  lessees 735 

Market  Committee  to  fix  the  rates  to  be  paid  for  use  of  stands..  735 

market  days  to  be  every  week  day 736 

market    square    described ..  732 

market  square  not  to  be  used  as  a  thoroughfare  for  driving 738 

meat  not  to  be  sold  in  quantities  less  than  one  quarter  of  animal.  739 

misdemeanor  to  deface  or  remove  posted  market  ordinance 739 

misdemeanor   to  occupy   for  business   purposes   any  of    the   free 

stands  set  apart  for  farmers. 736 

no  more  than  two  stands  to  be  leased  one  person 735 

penalty  for  injuring  stall,  stand  or  market  property 737 

penalty   for  refusing  to  exhibit   weights,   measures   or  scales 737 

penalty  for  transgressing  privileges  o'  market 73S 

penalty   for  violating  market  ordinance  to  be  fine   or  imprison- 
ment   or    both 739 

powers  of  Inspector  of  Weights  and  Measures  with   respect   to 

market  weights 737 

rent  for  stands  payable  quarterly  in  advance 735 

reports   of  receipts   for  stalls   to  be   made   monthly    to   Common 

Council  by  Inspector 734 

reports  of  rentals  of  market  stands  and  stalls 733 

restrictions  as  to  use  of  Grand  and  Beaver  streets  and  Hudson 

avenue,   by   wagons,    carts   or  baskets 736,  737 

retailing  fish  or  meat  prohibited   in   market  739 

salary  of  Inspector  of  Markets 733 

sale  of  meats  in  market 737 


848  Index  to  Ordinances. 

Markets  —  (Continued):  Page, 

sale  of  unwholesome  food  prohibited  under  penalty  of  forfeiture 

of  lease  and  fine  of  ten  dollars 734 

sales    not    permitted    on    sidewalks    or    In    the    carriageway    of 

adjoining-  streets 736 

short   weight   or  measure   sales   a   misdemeanor 737 

throwing  bones,  plucks,  garbage,   etc.,   for  diversion  prohibited..  737 

wagons,  carts  or  stands  not  permitted  after  1  o'clock  P.  M 738 

Marketmen   and   farmers  defined 646 

Marshal,    City,   duties   of 599 

to  attend  meetings  of  Common  Council 599 

(See   City    Marshal.) 
Mayor : 

or    Street    Commissioner    may    grant    permits    to    pile    building 
material  on  streets G79 

police,    magistrate  or  police  officer  m'ay  remove   obstructions   in 
streets r.79 

empowered  to  remove  barrels  from  sidewalks,  etc 657 

or  Board  of  Fire  Commissioners  to  compel  removal  of  dangerous 
explosive  materials 649 

to  nominate  an  inspector  of  fluids  and  oils 656 

Meats,  putrid,  tainted  or  unwholesome  not  to  be  sold 734 

O. 

Obstructing  streets,    sidewalks 678 

Occupying  streets  or  vacant  grounds  prohibited 680 

Offal: 

ashes,  meat,  fish,  garbage,  etc.,  not  to  be  thrown  in  privies G67 

blood,    refuse    from    slaughter-houses,    etc.,    to    be    conveyed    in 

tight-covered  boxes G65 

from    slaughter-houses,    carcasses,     nor.  putrid    matter,     to    be 
thrown  in  river  between  Hamilton  and  South  Ferry  streets         661 

garbage,  etc.,  of  slaughter-houses  to  be  destroyed 662 

Openings  for  descent  to  cellars  or  basements  to  be  guarded  by  rails,  694 

Overseer  of  Poor  and  Assistant  599,  600 

bond  to  be  executed  first  Tuesday  in  June 599 

bond  to  be  $5,000,  to  be  approved  by  the  Mayor 599 

•    duties    of 600 

office  hours,  from  9  to  5,  daily,  Sunday  excepted 599 

office  of,  to  be  in  the  City  Building 599 

to    make   monthly    reports 600 

to  manage  affairs  of  his  office,   under  the  ordinance 600 

Oyster  boats  to  discharge  cargo  on  dock  between  Maiden  lane  and 
Herkimer  street 660 


P. 

Paupers: 

change  of  linen   twice  a  week  for 611 

clothing  of 611 

discipline  of 610 

distribution  of  as  to  sex 609 

employment  of  610 


Index  to  Ordinances.  849 

Paupers  —  (Continued):  Page. 

not    to    be   injured 612 

to  remain  within  grounds  of  Alms-house 610 

Paving  of  streets 687 

Pawnbrokers 640 

bond    of    pawnbrokers 641 

books  of  pawnbrokers  to  be  open  to  Mayor,  Chief  of  Police  and 

Police   Magistrates 641,  642 

Chief  of  Police  not  to  make  public  reports  of  pawnbrokers 641 

fees  to  be  paid  to  Chamberlain 640 


Mayor   to   license. 


640 


notices  of  date  of  sale  of  pledged  goods 642 

notice  of  sale  to  state  time,  place  and  name  of  auctioneer 642 

penalty  for  refusal   to   report 641 

penalty   for  violation   of  ordinance 640 

place  of  business  to  be  designated  in  application  for  license 640 

pledged  articles  to  be  sold  by  licensed   auctioneers  doing  busi- 
ness  in  Albany 642 

rate  of  interest  allowable 642 

record  of  loans,  amounts  loaned  and  description  of  property  to 

be    kept 641 

refusal  to  report  to  Chief  of  Police 641 

reports  to  be  made  to  Chief  of  Police  daily 640,  641 

revocation   of   licenses 642 

sales  of  pledged  goods  permitted  after  one  year's  possession —  642 

sale  of  pledged  goods  to  be  by  public  auction 642 

sales  to  be  published  in  two  newspapers  of  the  city  designated 

by  Mayor 642 

surplus   of  moneys  derived   from   sale   of  pledged   articles   to   be 
paid   to   owners  of   articles 642 

Peddlers,  venders,  hawkers  to  be  licensed 645 

See  venders,  etc. 

Penalties: 

for  changing  grades 696 

for  depositing   ice  on   sidewalks 700 

for  dumping  snow  or  ice  on  steamboat  square 690 

for  erecting  posts  without  permit 677 

for  failing  to  construct  stench  traps  in  dwellings 668 

for  injuring  stall,  stand  or  market  property 737 

for  keeping  unslaked  lime  without  permit 649 

for  meddling  with  hydrants,  etc 730 

for  maintaining  protruding  water  or  gas  boxes 699 

for  neglect  or  refusal  to  comply  with  requirement  as  to  burials,  659 

for  neglect  to  keep  proper  urinals,  etc.,  in  factories 666 

for  obstructing  way  to  fires  of  fire  apparatus 655 

for  refusing  to  exhibit  weights,  measures  or  scales 737 

for  removing  bodies  without  permit 668 

for  removing  covering  to  vaults  or  cisterns 696 

for  shaking  carpets  on  streets  within  prescribed  limits 660 

for  transgressing  privileges  of  market 738 

for  violating   market   ordinance   to   be   fine   or   imprisonment   or 

both • 739 

not  specified  by  ordinance 731 

of   ten    dollars    imposed    where    fires    in    yards    of    out-buildings 
are   not   connected  with   chimneys 648 

54 


850  Index  to  Ordinances. 

Permission:  Pag6. 

to  construct  vaults   or  cisterns 694 

to  open  streets  or  drains,   how  given 693 

Permits : 

to    connect    water    supply    pipes    to    be    given    by    Water    Com- 
missioners  698 

to    connect    with    drain 692 

to    occupy    streets    for    building    purposes    longer    than    twenty- 
four  hours 6T9 

Persons   beginning  action   for   pay   for   removing   dirt   left    by    con- 
tractor to  file   a  bond 691 

Physician,  City: 

proceedings  in  cases  of  major  surgical  operation 602 

to   act   with   Board   of   Health 603 

to   control   medical  department  of  Alms-house 613 

to   keep  book   of  purchases 603 

to  report  in  writing  monthly  list  of  articles  purchased 603 

to  report  person  from  whom  purchased  and  prices  of  articles —  603 

Physicians,  District: 

appointment  of 603 

district  of  city  for  each 603 

duties  of 604 

number  and  term  of  office 603 

salary  of 603 

to  attend  the  meetings  of  Common  Council  and  Board  of  Health 

when  requested 604 

to  give  information  of  breaking  out  of  malignant  disease 604 

to  keep  a  record  of  visits 604 

to  provide  and  administer  medicines  to  indigent  persons 604 

to  report  to  Mayor  and  Board  of  Health  quarterly  the  number 

of  poor  persons  attended 604 

to  report  number  of  visits  monthly  to  Board  of  Health 604 

to    report    offenses    against    the    laws    of    the    Common    Council 

intended  to  guard- against  small-pox,  etc 604 

to  report  to  Overseer  of  the  Poor  important  information 605 


Places  of  amusement. 


637 


academy  or   school   used   exclusively    for  instruction    in  dancing 

exempt  from  payment  of  fee 637 

armories  or  rooms  of  uniformed  military  companies  under  arms 


exempt. 


637 


automatic   sprinklers   in 639 

business  of  defined 637 

collection   of   fees 638 

control   of  lights 639 

employes   to   act   as  firemen 639 

exhibition  of  immoral  character  to  be  prohibited  by  the  Mayor,- 638 

exits   in   case   of   fire , 639 

fee    for   circus,    caravan,    menagerie 638 

fees   for  local   theatres 638 

fees    for   transient  performances 638 

fire  extinguishers 639 

license  fees  637,  639 

Mayor  may   refuse  to  grant   license 638 

Mayor  to  determine  amount   of  fees 638 


Index  to  Ordinances.  851 

Places  of  amusement  —  (Continued):  Page. 


G37 
640 


Mayor  to   issue   license 

penalty   for  violating   ordinance 

police  to  be  stationed  when  the  Mayor  shall  so  require 639 

revoking  license   of  places   of   amusement 638 

seats  in  aisle  not  to  be  permitted 639 

special  officers  to  be  appointed  by  Police  Board 640 

unsafe  buildings  not  to  be  licensed  for  public  amusements 638 

Plumber's  license  to  open  carriageway 697 

Police  Court  '^ 

books  of  Police  Justices  to  be  open  for  inspection 722 

fees,   costs,   fines  received   on   convictions   and   judgments    to   be 
paid  to  Chamberlain    


hours  for  holding  court. 


22 


722 
722 


673 


quarterly  reports  of  Police  Justices  to  be  made  to  Chamberlain, 

Police   signal   telegraph 

misdemeanor  to  make  or  have  possession  of  duplicate  keys  of....  673 

penalty    for   violation   of   ordinance 673 

police  patrol  wagon  to  have  right  of  way 726 

penalty  for  obstructing  the  passage  of  police  patrol  wagon 726 

Poor,   Overseer   of ^^^ 

bond  to  be  executed  first  Tuesday  in  June 599 

bond  to  be  $.j,0<30    to  be  approved  by  the  Mayor 599 

duties  of • 6^ 

office  hours,  from  9  to  5,  daily,  Sunday  excepted 599 

office  of,  to  be  in  the  City  Building 599 

to   make  monthly  reports 600 

to  manage  affairs  of  his  office,  under  the  ordinance 600 

Potteries   and   soap  factories 660 

Pound  Master,  powers  and  duties  of 723 

Private   drains  and  sewers 719 

bond   to   be  given   to    save    the    city     harmless    from   damages, 

cost  or  loss "-" 

duty  of  Street  Commissioner  in  connecting  private  with   public 

drains 720 

license     to     connect     with      drain      to     be      issued     by      Street 

Commissioner 7W 

list  of  licenses  to  be  kept  by  Street  Commissioner 720 

notice    to    be   given    to    Street   Commissioner   twenty-four    hours 

before  connecting  drains 719 

penalty  for  connecting  drains  without  permission  or  license 719 

revoking  license  to  connect  drains  in  certain  cases 720 

Street     Commissioner     may     revoke     license     to     make     drain 

connections "^" 

Street  Commissioner  to  grant  license  to  make  drain  connections 
only  to  persons  qualified  to  do  such  work 720 

Privies: 

contents  of  not  to  be  buried  in  yards 667 

contents  of  not  to  be  emptied  in  streets  or  in  rivers 663 

not  permitted  within  thirty  inches  from  partition  fence 659 

to  be  made  water  tight  in  certain  cases 668 


g52  ISDEX   TO    ORDiyA>CES. 

Page. 

Projeciir.g  si^ns ^ 

Public  grounds  and  parks *1* 

Academy   Park  described *1* 

Beaverwyck   Park   described &7 

Bleecker    Park    described 07 

Capitol    Park   described **' 

cattle  found  in.  to  be  driven  to  public  pound «17 

cattle  not  permitted  in ^7 

Clinton    Park   described 617 

Hudson  Avenue  Park  described 617 

injuring  shruber>-,  trees  or  fixtures  of 617 

mutilating  gates,  fences  or  defacing  grounds  of 617 

not  to  be  used  as  bleaching  grounds 6U 

penalty  for  injuring  grass  to  be  five  dollars 61S 

penalty  of  ten  dollars  for  each  offense  against  regulation $17 

St.    Jospeh's   Park   described 617 

Townsend  Park  described 61" 

Van  Rensselaer  Park  described 0.7 

Public  pound 72* 

animals,  etc.,  in  pound,  to  be  sold  at  public  auction 73 

animals,  etc.,  m  pound  to  be  sold  after  three  days'  notice  of  sale.  T23 

animals,  etc.,  not  reclaimed  during  six  days  shall  be  sold 73 

charges  for  conveying  animals,  etc.,  to  pound  not  to  exceed  one 

dollar  per  head  or  flock 723 

charges  for  keeping  cattle  and  horses  not  to  exceed  fifty  cents 

each  head  per  diem 73 

charges  for  keeping  sheep,  goats,  geese  and  ducks  not  to  exceed 

twenty  cents  per  diem  for  each  head 73 

notice  of  sale  to  be  posted  in  three  public  places  for  three  days..  723 

owners  of  animals  in  pound  to  pay  reasonable  charges 73 

police  officers  may  emploj-  persons  to  convey  animals  to  public 

pound  73 

Pound  Master  shall  detain  animals  In  pound  for  six  days 73 

proceeds    of    sale    of    pounded    animals,    etc..    to    be    paid    to 

Chamberlain    73 

satisfactory  proof  of  ownership  to  be  made  in  certain  cases 73 

Superintendent  of  Alms  House  to  act  as  Pound  Master 73 

Superintendent  of  Alms  House  to  provide  a  suitable  place  for 

public  pound   - 73 

surplus  of  sale,  to  be  paid  to  owners  of  animals,  etc 73 

swine,  cattle,  horses,  goats,  sheep,  geese  and  ducks  not  to  run 
at  large 73 

Railroads  operated  by  steam  power 711 

flagman  to  be  stationed  at  every  street  crossing 711 

jumping  upon  locomotive  or  cars  prohibited 712 

locomotive  bell  to  be  rung  while  cars  are  in  motion 711 

penalty  for  jumping  upon  trains 712 

rate    of    speed    of    trains    through    paved    streets    to    be    eight 

miles  per  hour  711 

steam   railroads 711 

steam  whistles  not  to  be  blown  by  locomotives  while  passing 

through  paved  streets  711 

street  crossings  not  to  be  obstructed  by. 711 


Index  to  Ordinances.  853 

Receiver  of  Taxes:  Page. 

bond    of,    to   be   $25,000 589 

bond  to  be  approved  by  the  Mayor 589 

deputy,    to    execute    bond ^'90 

deputy's  bond   to  be  $5,000 590 

duties    of 590 

Reg-ulations  as   to  sidewalks 685 

Removal: 

of     building     across     certain       streets     by     permit     of     Street 

Commissioner ^01 

of  building  across  cobblestone  or  unpaved  streets 701 

of  building  across  streets  paved  with  granite  blocks,  etc 700 

Removing: 

earth,   sand   from   city  lots 6^5 

pavements    without    permit 692 

street     dirt 691 

Repair: 

of  streets  by  owners 689 

of  streets  by  Street  Commissioner 689 

Riding   on   steps   of    omnibuses ''24 

duty  of  police  relative  to J24 

penalty   of   five   dollars  for "24 

persons  prohibited  from '24 

police   to   arrest    persons   for 724 

Ringing    of    bells '^28 

unlawful  to  ring  church,  school  or  public  bells  after  sunset 728 

unlawful  to  ring  bells,  except  in  cases  of  fire  or  public  festival 


or  divine  service  before   sunrise. 


728 


H 


Runners 

penalty   for  violating   ordinance ^24 

runners  defined '■^4 

runners  prohibited "^24 

S. 

Salt  not  to  be  used  to  remove  snow  or  ice  from  tracks 713 

Sanitary   ordinances 658 

alleys,    construction   of   buildings    in 663 

bone   boiling,    bone-black 660 

burials  not  permitted  east  of  Ontario  street 659 

burials   of   contagious   cases 659 

butchers  not  to  pollute  running  streams  with  offal,  etc 664 

carcasses    of    horse,    cow,    hog,    dog,    etc.,    not    to    be    exposed 

in  streets  ^^2 

carpets    not    to    be   shaken    on    streets,    alleys,    lots,    squares    or 

parks    660 

cattle  subject  to  disease  not  to  be  butchered  and  sold  for  food...  666 
cleaning   of    fresh    fish    on    docks    and    wharves,    within    certain 

limits,  prohibited 662 

contents  of  privies  not  to  be  burjed  in  yards 667 


854  Index  to  Ordinances. 

Sanitary   ordinances  —  (Continued):  Page. 

contents  of  privies  not  to  be  emptied  in  streets  or  in  rivers 663 

cotton-wood  trees  not  to   be  planted 665 

cotton-wood  trees  to  be  removed  after  reasonable  notice 665 

dead  animals  not  to  be  cast  into  the  Hudson   river 660 

dead  bodies  not  to  be  taken  from  buildings  without  permit 668 

death  from  small-pox,  etc.,  interment  to  be  within  twenty- 
four  hours  659 

dogs  running  at  large  unmuzzled  may  be  killed 661 

dogs  to  be  muzzled  between  July  and  September 661 

drains  to  be  constructed  to  connect  with  privies 667 

expense  of  removing  dead  animals 667 

exposure  of  dead  bodies 659 

filthy  substances  or  liquids  not  to  be  thrown  in  river 666 

hides,  how  to  be  handled 660,  661 

Interment   of    corpses 659 

limits  within  which  slaughter-houses  may  be  maintained 664 

offal,  ashes,  meat,  tish,  garbage,  etc.,  not  to  be  thrown  in  privies,  667 
offal,   blood,  refuse  from  slaughter-houses,  etc.,    to   be  conveyed 

in    tight-covered    boxes 665 

offal    from    slaughter-houses,    carcasses,    nor    putrid    matter,    to 

be    thrown    In     rivier    between     Hamilton     and    South     Ferry 

streets  661 

offal,  garbage,  etc.,  of  slaughter-houses  to  be  destroyed 662 

oyster  boats  to  discharge   cargo  on   dock  between   Maiden   lane 

and  Herkimer  street  660 

penalty  for  falling  to  construct  stench  traps  in  dwellings 668 

penalty    for  neglect   or  refusal    to  comply   with    requirement   as 

to  burials  659 

penalty  for  neglect  to  keep  proper  urinals,  etc.,  in  factories 666 

penalty  for  removing  bodies  without  permit 668 

penalty  for  shaking  carpets  on  streets  within  prescribed  limits,  660 
permits    to    remove   dead    bodies    to    be    obtained    from    Register 

of   Vital   Statistics   668 

places  to  deposit  and  destroy  dead  animals 667 

potteries,    soap    factories,    slaughter-houses 660 

privies  not  permitted  within  thirty  inches  from  partition   fence,  659 

privies  to  be  made  water  tight  in  certain  cases 668 

putrid  meats,  fish,  poultry,   etc.,   to  be  destroyed 663 

removal    of    privies 660 

slaughter-houses  to  be  cleaned 665 

stench   traps 668 

straw,    ashes,   vegetables,    etc.,   not    to   be    thrown    upon    streets 

or  vacant  lots    660 

sturgeon  to  be  skinned  before  sold 662 

swine,  goats  and  cows  to  be  kept  within  certain  limits 661 

unclean  yards,   offensive  matter,  dirt,   filth,   etc.,   to   be  removed 

within  twenty-four  hours   663 

undertakers  not  to  throw  ice  used  on  dead  persons  in  street 668 

urinals  and   water   closets   in   manufactories   where   females  are 

employed   665 

vaults  to  contain  not  less  than  SO  nor  more  than  216  cubic  feet 668 

washing  sheepskins 661 

width  of  alleys   to  be  drained 663 

Selling  charcoal 680 

Shinney  playing 699 


Index  to  Ordinances.  855 


Page. 

Show  windows -■  f^ 

Sidewalks,  construction  of ^°'  "*" 

Signs   on    tree   boxes ^^ 

Sinking    Fund,    Trustees    of ^'* 

.  584 

meetings  of 

officers  of   board   of 

powers  of ■- 

Slaughter-houses : 

limits  within  which  may  be  maintained 664 

to   be    cleaned '^^^ 

Sleigh  bells ^^ 

Snow  and  ice: 

not  to  be  dumped  on  steamboat  square 690 

removal  of 6«9-  690 

to  be  removed  within  twenty-four  hours 714 

Snowballing ^^^ 

Snow  plows ^ 

Soap  factories 

Soliciting  alms: 

not  permitted  without  permission  of  the  Mayor 730 

penalty  of  two  dollars  for  first  offense;  five  dollars,  second;   and  ^ 
ten  dollars  thereafter  for 


730 


717 
716 


Sounding  gongs  on  turning  street  corners 

Speed   of  cars   within   certain   limits 

_,         .  678 

Spouls 

Sprinkling  streets 

729 
Steamboats 

steamboats  to   have  gangplanks 729 

baggage   to  be  transferred   in   safety   from    729 

fastening  of  gangplanks 729 

steamboats  fo  be  secured  to  wharf 729 

width   of   gangplanks   of  boats   prescribed    729 

Steam  boilers  exhausting  within  city  limits 674 

exhausting  steam   in   streets  prohibited    674 

penalty   for   violating   provisions   of   ordinance 674 

Stench  traps ^^ 

Stone-ware  pipe  drains 

s^-p^ : :::::::::::::::::::  699 


688 

Stop-cock   boxes,    where   constructed 

Storage : 

of  explosive  substances 6.^'  ^^ 

■  of    gun    cotton    or    dangerous    explosive    materials    within    city 

....  673 

limits 

Straw,  ashes,   vegetables,    etc..    not   to   be    thrown    upon    streets    or 

.    ,    .  bbo 

vacant  lots 

675 

Streets ; ■■ 

altering    grades    of    streets ^^^ 

areas,   how   constructed 


856  Index  to  Ordinances. 

streets  —  (Continued):  Page. 

areas,   how   to   open 694 

auctioneers 681 

auctioneers  not  to  obstruct  streets 681 

auctioneers   to  pay  license  fee 681 

awnings,   cloth  or  canvas 683 

awnings,    stationary 0!'2,  683 

balconies,    how    constructed 683 

ball    playing    prohibited    on 699 

Belgian  bridge  stone  for  cross-walks 688 

bells    on    sleighs    required 680 

bicycles,   riding  on   sidewalks  prohibited 679 

bonds  in   cases    of   action    against    contractors    to   be    filed    with 

Street    Commissioner 691 

bow   windows 682 

breaking  carriageway  without  authority 692 

brick   and  cement  sewers 688 

canceling  permits  to  make  water  connections  in 699 

carriageways 687 

carriages  not  to  remain  on  streets  more  than  one  hour  without 

permission    6S0 

cellar   doors 682 

certain  goods  not  to  be  sold  on  streets 677 

charcoal  wagons  not  to  stand  on  streets  more  than  ten  minutes,  680 

cistern  and  vaults  not  to  be  constructed  on  public  streets 694 

clothing,    dry    goods,    tin    ware,    boots,    shoes,    hats,    hardware. 

jewelry,  cutlery,  stationery,  etc.,  not  to  be  sold  on  streets C77 

coal  dust  or  ashes  not  to  be  used  in  paving 688 

cobble-stone  pavements 687 

consent  of  owner  of  property  to  erect  fruit  stands 681 

construction  of  gutter  pipes 678 

construction  of  walks  on  certain   streets 679 

contents  of  gutters  riot  to  be  discharged  on  sidewalks 678 

contractors  for  removing  street  dirt 691 

cross  streets  passage  to  be  clear 693 

cross-walks    688 

cross-walks  not   to  obstructed  by  vehicles 693 

cross-walks  to  be  open   to  pedestrians 693 

curbs,  mode  of  construction  of 696 

cutting  trees 701 

defacing  stake  marks  of  street  levels ; 681 

depth  of  gutters  prescribed 686 

drains  and  sewers,  how  constructed 688 

driving  over  incomplete  pavement 691 

duty  of   Street   Commissioner   in   cases   of   different   levels    from 

that  established    697 

erecting    posts    in     streets,     or    sidewalks    prohibited,     without 

consent  of  Mayor  or  Street  Commissioner 677 

erecting  stands  for  sale  of  fruit 681 

established  level,  pavements  not  laid  on 697 

estimate  of  Street  Commissioner  as  to  amount   to  be  deposited 

for   opening   streets   or   drains 693 

exposing  merchandise  from   balconies 684 

fastening  horses 680 

feeding  cattle  or  swine  on  streets  pro"hibited 679 

goods  not  to  be  sold  pn  streets ,, ,.., ,...,, ,  681 


Index  to  Ordinances.  857 

Page. 
Streets  —  (Continued) : 

goods,  sold  at  auction,  not  to  occupy  streets  more  than  one  hour  ^^^ 

after  sale  696 

grades  not  to  be  changed y gg^ 

grades  of  streets gg5 

grades  to  regulate  curb  height • ^^ 

granite    block    pavements ■ gg^ 

grates  to  vaults,  mode  of  construction  of ■ 

grates  to  vaults  or  cisterns  not  to  be  '•^"^°''"'^- ;•••;•••••  •■•;;;;:;;  678 

gutters ■■■" 6S0,  700 

hand  sleds 684 

hanging  advertisements gg2 

hindering  the  repairs  of  streets ■ ^^^ 

house   drains,    how  constructed ..^^ 

ice  merchants  and  their  agents ••■■■■,; 700 

ice  merchants  not  to  deposit  ice  on  ^ide^'^lks.  .^.  ■•■^ 

Ice  merchants  required  to  convey  ice  withm  buildmgs.... .......  .■•  700 

improper   levels ••• ■' ggj 

incompleted  pavements  not  to  be  driven  over ^^^ 

;rSi^w::^'s?;:^rCo;;;miss;oner;nd;schar.e-ofdut;es^ 676 

joints   in   drains,   how   connected •••• ^^^ 

kites !...... 701 

lamp   posts 692 

laying  of  public  drains gg^ 

license   fees   to  be   paid  by   auctioneers.  .^....  ...^..-^- •■_■•■• —  - 

license     for     removing     buildings      to     be      issued      b>      Street  ^^^ 

nSr'Sl^rover-    Vauuy-and- c.terns-during-;course:;of  ^^^ 

construction    ^q^ 

lights   on   buildings   being   removed ■ -^ l''=  " 'r!fr^tiirps 

liUering    the    streets,    parks    or    squares    with    papers,    pictures  ^^ 

or  rubbish   prohibited gg,^ 

loose  cobble-stones   in   streets •        .',"C,!iVri 

Mayor  or  Street  Commissioner  may  grant  permits  to  ^^^-^^^^;  ^^ 

ine   material    on   streets    illll„« 

Mayor,  police,  magistrate  or  police  officer  may  remove  obstruc-  ^^^ 

tions   in   streets : • ''l^''^ 680 

occupying  streets  or  vacant  grounds  prohibited •,■,•■.■■ 

openings  for  descent  to  cellars  or  basements  to  be  guarded  by  ^^^ 

rails   ■■ 687 

paving   of   streets ggg 

penalty  for  changing  grades ^^^ 

nenalty  for  depositing  ice  on  sidewalks 

penaltv  for  dumping  snow  or  ice  on  steamboat  square 0 

penalty  for  erecting  posts  without  permit -. 

penalty  for  maintaining  protruding  water  or  gas  boxes 699 

penally  for  removing  covering  to  vaults  or  cisterns b9b 

penalty  for  violating  requirements  of  ordinance 'J^ 

permission  to  construct  vaults  or  cisterns... 

permission  to  open  streets  or  drains,  how  given.   --.;;. 

permits   to   connect   water   supply   pipes    to   be   given   ^V  ^^te^  ^^^ 
Commissioners • gg2 

nermit   to  connect   with   drain    • i^'' 

permit    to    occupy    streets    for    building    purposes    longer    than  ^^^ 
twenty-four  hours  


858  Index  to  Ordinancrs. 

streets  —  (Continued) :  Page, 

persons    beginning    action    for    pay    for    removing    dirt    left    by 

contractor  to   file  a  bond 691 

plumber's  license  to  open  carriageway   697 

police  justice  or  police  officers  may  authorize  removal  of  street 

obstructions    678 

powers   of   Street   Commissioner 678 

projecting  signs    678 

public  sewers,  when  to  be  laid 692 

regulations    as    to    sidewalks 685 

removing   earth,   sand   from   city   lots '■<bb 

removal  of  building   across  certain   streets   by   permit   of  Street 

Commissioner   701 

removal  of  building  across  cobble-stone  or  unpaved  streets 701 

removal   of  building   across   streets   paved    with   granite    blocks, 

etc  700 

removing  pavements  without  permit 692 

removing  street  dirt 691 

repair  of   streets   by   owners 689 

repair  of  streets  by  Street  Commissioner 689 

selling  charcoal 680 

shinney    playing    699 

show  windows    682 

sidewalks,   construction    of 685,  686 

signs  on  tree  boxes 684 

sleigh    bells 680 

snow  and  ice  not  to  be  dumped  on  steamboat  square 690 

snow    and    ice,    removal    of 689,  690 

snowballing   680 

spouts   678 

sprinkling  streets  690 

stone-ware   pipe   drains   > 688 

stoops 682 

stop-cock    boxes,    where    constructed 699 

streets    to    be    swept 690 

suspending  merchandise  on  streets 683 

swinging  signs   684 

ten  dollars  to  be  deposited  by  plumbers  desiring  to  make  sewer, 

gas  or  water  connections 697,  698 

to  be  swept 690 

trespassers    on    city    property 685 

vaults  and  cisterns,   form  of  construction  of 695 

vaults  or  cisterns  to  be  of  brick  or  stone 695 

water  and  gas  boxes  to  b^  laid  on  even  level  with  sidewalk 699 

Street  Commissioner 598 

bond   of,   to  be  $5,000 598 

duties  of 595,  596,  597,   598,  693,   697,  715,  720 

duty  of,  in  cases  of  neglect  to  clean  streets 715 

duty  of,  in  cases  of  levels  different  from  those  established 697 

may  revoke  license  to  make  drain  connections 720 

may   dismiss   employes   598 

to   cleanse   wells 596 

to  direct  employes  598 

to  examine  public  wells  596 

to  grant  license  to     make    drain    connections   only    to    persons 
qualified  to  do  such  work 720 


Index  to  Ordixances.  859 

street  Commissioner  —  (Continued) :  Page. 

to  have  eharg-e  of  all  contract  work 597 

to   furnish   information    to   Corporation    Counsel 598 

to  notify  railroads  to  clean  streets 715 

to   take  charge   of   tools,   etc 595 

to  obey  the  Mayor,   Common  Council  and  Board  of  Contract —  597 
to  perform  such   duties  as  are  prescribed  by   charter  and   ordi- 
nances     597 

to  report  detailed  statement  of  condition  of  work  on  suspended 

contract  598 

to  superintend  the  digging  of  conduits 597 

to   take   charge   of  materials 596 

Street   Improvements 595 

duties  of  Street  Commissioner  as  to 595,  596,  597,  598 

Street  Commissioner  to  be  the  chief  officer  in 595 

Street  Superintendents,   duties  of,   in  597 

Street  railroads 712 

approval   of   fenders   by    Common    Council    to    be   filed    with    the 

Clerk    of   Common    Council 716 

bond  of  railroad  companies  to  be   in   the   sum   of  five   thousand 

dollars  717 

bonds    to    save    harmless    from    damages,    costs    and    expenses 

arising   from  operation   of   road 717 

cars  to  be  provided  with  fenders 716 

cars   to   be  numbered 714 

cars   to  be  stopped   so  that  rear   platform  of   car   may   be   over 

further   edge   of   cross-walk 713 

cars   to  carry   tools   and    instruments   for   Street    Commissioner, 

Board  of  Health   and  City  Engineer 717 

cars  to  stop  at  street  intersections 715 

cars    to    stop    when    intersections    are    more    than   five    hundred 

feet  apart   715 

conductors  to  announce  names  of  streets 714 

conductors  to  give  their  names  to  passengers 714 

cross-walks  not  to  be  obstructed  by  cars 713 

drivers  to  stop  when  horses  become  frightened 717 

electric    railroads    not    to    obstruct    streets    in    removing    snow 

from  track 714 

fenders  to  be  approved  by  Common  Council 716 

fenders  to  be  placed  on  cars 716 

gongs  to  be  placed  on   cars 717 

gongs  to  be  sounded  on  approaching  street  crossings 717 

headlights   on   dashboards   of  cars 717 

laying  of  tracks 713 

lime  not  to  be  used  for  the  removal  of  snow  froni  tracks 713 

not  to  alter  grade  of  street 713 

passing  funeral  processions  to  lessen  speed 717 

passengers  not  permitted  to  stand  on  platform  of  cars  in  motion,  714 

penalty  for  violation  of  ordinance 718 

railroad  companies  to  pay  for  paving  their  portion  of  streets...  715 

refusal  or  neglect  to  clean  streets 715 

duty  of  Street  Commissioner  in  cases  of  neglect  to  clean  streets..  715 
railroads   to   maintain   box   culverts   at   gutters   crossing   streets 

to  permit  free  passage  of  water 714 

salt  not  to  be  used  to  remove  snow  or  ice  from  tracKs 713 


860  Index  to  Ordinances. 

street  railroads —  (Continued):  Page. 

snow  and  ice  to  be  removed  within  twenty-four  hours 714 

snow  plows 716 

sounding  gongs  on  turning  street  corners 717 

speed  of  cars  within  certain  limits 716 

street    cleaning   machines 716 

Street  Commissioner  to  notify  railroads  to  clean  streets 715 

to  clean  streets  between  railroad  tracks 715 

to  observe  regulations 713 

Street    Superintendent,    duties    of 597 

to  perform  such  acts  as  are  required  by  Street  Commissioner...  597 

Clerk  of  Board  of  Contract,   duties  of 597 

to    furnish    blanks    for    licenses    to    make    connections    with 
sewers   and    drains 597 

Sturgeon  to  be  skinned  before  sold 662 

Suits  for  recovery  of  penalties  to   be  brought    in    the   name   of   the 

city    731 

Corporation  Counsel  to  prosecute  suits  for  recovery  of  penalties,  731 
Sunday    Law 725 

goods  or  merchandise  not  to  be  exposed  for  sale  on  Sunday 725 

penalty  is  forfeiture   of  license 725 

place  of  amusement  prohibited  from  being  open  on  Sunday 725 

unlawful    to  call   out    newspapers   or   any   other   article    for   sale 
after  10  a.  m.,  on  Sundays 725 

Superintendent  of  Alms-house: 

to  be  the  Overseer  of   Poor 

to  be   the   Pound   Master 

to  have  care  and  custody  of  city  property  in 608 

to  have  charge  of 608 

to  make  quarterly  statements  to  Common  Council 608 

to  make  rules  for  government  of 608 

to  state  cost  per  day  of  maintaining  each  pauper  m  reports 608 

to  state  age,  sex,  nationality  and  number  of  paupers  in  reports..  60S 
to   superintend   cleanliness,    ventilation,    order,    fuel   and   diet    in 
Alms-house 611 

Superintendents  of  Streets,  duties  of ; 597 

to  perform  such  acts  as  are  required  by  Street  Commissioner 597 

Clerk  of  Board  of  Contract,   duties   of 597 

to    furnish    blanks    for    licenses    to    make    connections    with 
sewers  and  drains 597 

Swine,  goats  and  cows  to  be  kept  within  certain  limits 661 

Swinging  signs •. 684 


T. 

Telegraph,    telephone,    electric    light,    electric    railway    and    electric 

power  lines 741 

arc  lamps  743 

changes  of  location  of  posts  and  wires  to  be  reported  to  Chief  of 
Fire   Department , 744 


Index  to  Ordinances.  861 


Telegraph,  telephone,   etc.— (Continued):  Page, 

charts  showing  location  of  wires  to  be  filed  with   Chief  of  Fire 

(44 

Department   

Chief  of  Fire  Department  to  have  charge  of  all  electric  light  and  ^ 

power   lines 

cut-outs  to  be  provided ' 

cutting   wires   at   fires 

dead  wires  to  be  removed 

electric  companies  shall  file  with   Mayor  an  agreement  to   con- 

form  to  city  ordinance  before  constructing  lines ji41 

erection   of  poles  or  posts ' 

frames  of  arc  lamps 

hand   switches,   globes  and   converters '^^ 

incandescent  lamps  VV.",'," '  n,. 

notice  of  violation  of  ordinance  to  be  served  by  Chief  of  Police,  744 

penalty   for  violating  provisions   of  ordinance 744 

Poles  or  posts,  required  shape,  size  and  material 741 

poles  to  be  straight,   properly  trimmed   and   painted   and   firmly 

fixed    in    ground ' 

violation  of  ordinance,  how  punished '« 

wires,   how   secured  and   insulated '^ 

wires'  inside    buildings    to    be    so    placed    as    to    be    easily    and  ^ 

thoroughly   inspected   ' 

wires  passing  through  floors  or  partitions  to  be  surrounded   by  ^ 

insulating   tubes   ' 

wires  passing  through  wall  to  be  encased '^^ 

wires    strung    or    suspended    to    be    subject    to    provisions    of  ^ 

ordinance  ' ' 

wires  to  be  fastened  by  non-conducting  material '^ 

wires  to  enter  and  leave  buildings  at  least  one  foot  from  each  ^ 
other    

Trespassers  on   city   property 

col 

Trustees    of   Sinking    Fund •'°' 

584 

meetings    of    

_,  •  5o4 

officers  of  

powers  of  

IT. 

Unclean   yards,    offensive    matter,    dirt,    filth,    etc.,    to    be    removed 

within    twenty-four    hours ^°^ 

Undertakers  not  to  throw  ice  used  on  dead  persons  in  street bb» 

Unlawful  to  call  out  newspapers  or  any  other  article  for  sale  after 

10  a.   m.,   on   Sundays 

Unslaked  lime  not  to  be  kept  in  city,  except  on  permit t'49 

Unwholesome   food  prohibited  under  penalty  of  forfeiture   of  lease 

and  fine  of  ten  dollars ; ' 

Urinals    and    water    closets    in    manufactories    where    females    are 

bbo 

employed 


862  Index  to  Ordinances. 


V. 

Vaults:  Page. 

and  cisterns,   form  of  construction 695 

or  cisterns  to  be  of  brick  or  stone 695 

to  contain  not  less  than  80  nor  more  than  216  cubic  feet 668 

Venders,    hawkers,    peddlers 643 

all   peddlers,   etc.,   to  be   licensed 645 

badge    to  be    worn   by 644 

business   defined    643 

certificate    of    correct    scales    to    be    carried     l)y    venders    and 

exhibited   on    demand 645 

farmers  and  market  gardeners  exempt  from  license 646 

fees  collected  to  be  paid  to  Chamberlain 646 

fees  to  be  credited  to  street  contingent  fund 646 

license  fees  643 

marketmen    and    farmers    defined 646 

name  and  number  to  be  legible 644 

not  to  blow  horns,  ring  bells  or  cry  out  in  loud  voice 644,  645 

not  to  obstruct  streets,  etc 644 

not  to  occupy  street  in  one  place  more  than  five  minutes 644 

number  of  license  to  be  painted  on  sides  of  vehicle  in  letters  two 

and   one-half   inches   long 644 

penalty   for  violating  ordinance 643 

repeal  of  ordinances  in  conflict  with  present  ordinance 646 

revocation   of    license 643 

selling  diseased  or  unwholesome  meats,   fish,   vegetables,    fruits, 

poultry    or   game 645 

to  have  correct  weights  and  measures 645 

transfer   of  license 644 

use    of    vehicles   permitted 646 

weights  of,   to  be  inspected 645 

Vessels  loaded  with  powder  or  dangerous  combustibles  to  lie  in  the 

stream 649,  650 

Violation  of  ordinances  where  punishment  is  not  prescribed 731 

W. 

Washing  sheepskins 661 

"Water  and  gas  boxes  to  be  laid  on  even  level  with  sidewalk 699 

Water  mains,   distribution   pipes   and    hydrants 731 

Common  Council   may  permit  the   laying  of  mains  of  less   than 

six  inches   in   diameter 731 

dimensions  of  water  mains  after  June  30,  1886 731 

location    of    hydrants 732 

mains  less  than  six  inches  in  diameter  not  to  be  laid 731 

penalty  for    laying    water    mains    of    less    than    six    inches    in 

diameter  732 

repair  of  mains  less  than  six  inches  in  diameter  permitted 731 

Weights  and  measures 601 

duties  of  Inspector  of 601 

certificate  of,  must  contain  list  of  prices 602 

fees  shall  be  a  lien  upon  measures  until  same  are  paid 601 

fees  to  be  charged  for 601 


Index  to  Ordinances.  86S 

Weights  and  measures  —  (Continued) :  Page. 

Inspector  of,  may  sue  in  the  name  of  the  city  to  recover  amount 

of  fees 601 

persons   using-  weights,    scales   or  measures   not   conformable   to 

law  punishable  by  fine  of  five  dollars  for  each  offense 602 

schedule  of  charges  to  be  collected  for 601 

short  weight  or  measure  sales  a  misdemeanor 737 

to  be  inspected  once  in  every  six  months 601 

to  be  stamped  and  marked  by  Inspector 602 

weights   of    apothecaries    are    excepted     from     requirements   of 

ordinance 602 

weights  used  to  defraud,  subject  to  penalty 602 

wearing  badges  of  fire  department  without  permission,  unlawful,  654 
wooden  buildings  within   fire  limits 652 


inc.    UINlvcr\;3ii    ■     i_i  tj  i-vy-vi-v  1 

This  book  is  DUE  on  the  last  date  stamped  below 


Form  L-9 
»3m-l,' 41(1122) 


1896   etc.  - 

The  Dongan 


charter  and  present 
nhftrter. 


UC  SOUTHERN  REGIONAL  LIBRARY  FACILITY 


AA    000  798  851 


JS 

511 

A9 

1896 


i 


